Probate guardianship is when a court appoints an adult who is not a parent of the child to take care of the child or his/her financial assets. For probate guardianship to occur, the child must not be involved in a case in family court or juvenile court.
There are primarily two types of probate guardianships: probate guardianship of a person and probate guardianship of an estate. Let’s explore the difference.
What Is Probate Guardianship of a Person?
Probate guardianship of a person gives a guardian the legal authority and responsibility for a child’s care, supervision, health, wellbeing, and education. They are in charge of the juvenile’s cognitive, physical, and emotional development. It’s the guardian’s job to provide a safe and supportive environment where the child can thrive. The main objective of probate guardianship is to provide the love, care, and support a child needs to become an independent, respectful adult.
When a guardian is appointed to a minor, the rights of the parents are most likely deceased or incapacitated. The parents cannot make decisions related to the child’s finances, education, healthcare, and shelter. The guardian is now responsible for providing for the child and answering any legal and financial implications caused by the child. In some cases, guardians may be given additional responsibilities, such as adhering to visitation plans with the child’s siblings, grandparents, or other relatives.
If a relative is not named by legal documentation as the guardian, the court will appoint one. The court sets conditions if someone wants to become a guardian. The court will order a complete background check and evaluation of the caretaker. They also have to go to parenting and counseling classes to have all the resources necessary to raise the child. In most cases, children above 14 years of age have a say in naming their guardians. More than one person can be appointed by the court to act as co-guardians.
What Is Probate Guardianship Of an Estate?
Probate guardianship of an estate refers to the appointment of a conservator to manage a minor child’s financial assets. They are responsible for educational fees, living expenses, and any other financial obligations required that the minor can’t handle themselves. Conservators must keep accurate financial records and manage and allocate assets in the best interest of the child.
When is Probate Guardianship Terminated?
In most cases, probate guardianship is terminated when the adolescent reaches the age of 18, if they join the military, if they pass away, or have reached the specific age as outlined by the details of the estate. Marriage or adoption also serve as causes of probate guardianship termination. To terminate probate guardianship, the court must be involved. Guardianship termination begins when a relative or the child themself files a motion to end the probate guardianship.
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