Guardianship of Children

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guardianship of children

What does a guardian do?

You probably have seen how children under the age of 18 years suffer after their parents die because they cannot access their parent’s property or funds. However, this can be mitigated if the children are left under the care of legal guardians.

Guardianship is when a court orders someone other than the child’s parent to have custody of the child, manage the child’s property (estate), or both. The guardian is responsible for the child’s care including food, medical and dental care, clothing and shelter, safety and protection plus physical and emotional growth. Our law firm, KGW Law will help you with the guardianship process.

Legal guardianship is assigned by a court, such as the family court, according to state laws. Our professional local family law attorney helps you to prepare documents on the legal guardianship of your children.

We offer advice on how to appoint a legal guardian who will manage your child’s finances and is responsible for protecting their inheritance and property until their 18th birthday.

Is there a difference between guardianship and adoption?

Legal guardianship is a temporary relationship in which someone other than the parents assists children with their education and support. Parents who consent to guardianship have not renounced parental rights in any way. Legal parental rights are generally maintained and it is usually possible to suspend guardianship at any time.

In addition, guardianship can also be a permanency option for a child who has been placed in out-of-home care as it creates a legal relationship between a child and caregiver that is intended to be permanent and self-sustaining and can provide a permanent family for the child without the necessity of terminating the parents’ parental rights.

Unlike guardianship, the adoption process is final – permanently terminating parental rights to children if deemed necessary. Once adoptions are made, the child’s natural father typically cannot visit them and does not need financial support for this purpose.

What is a guardian ad litem?

Guardian Ad Litems are judges who have been designated by a court to determine the best interest of a child. Unlike some other forms of legal guardianship described above, guardians are not assigned to the daily needs of their children. Instead, guardians and their representatives speak out in custody proceedings. The court may appoint a GAL to make decisions about child custody based on the circumstances of a parent-child relationship.

Why do you need a guardian in your will?

At KGW law, we advise that you appoint a guardian for your children in your last will and testament. If you leave your child with a caretaker, you need to know that without guardianship, they will encounter difficulties such as getting medical care for the child and enrolling them in schools. The responsibility of appointing a guardian in your will is to allow them to take charge when you are not there.

What Conditions Guarantee the need for a guardian?

It is important to have a guardian if a child’s parents encounter the following conditions:

  • Suffering from serious mental illness or physical illness
  • Going for a rehab program
  • Serving a jail term
  • Abusive parents

How does KGW Law help you to appoint a guardian for your children?

Our team of professional lawyers will help you create or update your will to include a guardian. We usually advise our clients that they can choose more than one guardian for their children. For instance, one guardian can oversee the education and welfare of the child while the other one takes care of the children’s assets and properties.

Guardianship of the estate

A guardianship of the estate is set to manage a child’s assets, property, or any other funds until the child turns 18 years. Our professional team offers legal advice on how you can appoint a guardian of the estate.

The guardian of the estate usually takes up the following responsibilities:

  • Make great investments
  • Manage the child’s money
  • Manage the child’s property

When does a guardianship end?

Guardianships may be terminated by guardianship agreements or orders or automatically when a specified event occurs. For example, if a guardian has misused the child’s assets or allowed or committed abuse, a judge will remove a guardian for cause on the presumption that the guardianship no longer serves the child’s best interests.

At KGW we will ensure that your child’s guardian transfers all valuables such as money and property to your child once they turn 18 years. We will also help you to get the best child support in case there’s any conflict of interest between the guardian and your child.

Reach Out to Us Today

Do you need help understanding guardianship and how to go about it?

Our advocates at KGW are the best when it comes to issues surrounding guardianship. We help you appoint guardians for your children while ensuring that their best interests are served even in your absence. Reach out to us today with all your needs.

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