Legal Guardians
In our society it is quite common for children not to live with their actual parents. Instead they are with a legal guardian. This means that individual what the right to make decisions for the child. There are many reasons why children have legal guardians including being removed from the home of their parents, the death of their parents, or other circumstances that the family decides places the child into better circumstances.
In some situations adults need to have a legal guardian appointed as well. This often takes place if the person has a disability or simply can’t take care of their own needs. A legal guardian has to get the approval of the court before the claim can be validated. The length of time that a person is a legal guardian depends on the situation. The approval of this guardianship can be revoked or terminated at a later date if the court sees that circumstances have changed.
Anyone who is over the age of 18 can become a legal guardian is the situation is right. In rare circumstances an individual who is 16 or 17 years of age can become emancipated and then become a legal guardian. This is generally only considered in cases where they are attempting to gain guardianship over their siblings due to a range of circumstances that are taking place.
If an individual wishes to live somewhere else but their parents contest it a judge will have an investigation done. The person seeking guardianship will discuss their reasons why they want the judge to rule in their favor. This will include their fears for the person being in other circumstances. The parents will also present their case of why they want the child to continue living with them. If the child is old enough the judge with talk with them as well. The ruling will be made based on what the judge believes is in the best interest of the child.
Becoming someone’s legal guardian is a very big responsibility. It means you are responsible for the person’s well being, medical care, and even their estate if they have one associated with them. In some instances legal guardians are asked to step into that role by a terminally ill parent or they are left in a will upon their death. Other times legal guardians work with social services and the courts in order to offer protection to children who are being removed from dangerous situations including neglect, child abuse, and sexual abuse.
