#Free legal guardianship papers how to

In cases where a court is forced to choose an unrelated person, they will often select someone who has been recommended by a state child welfare program. Generally speaking, most legal guardians are usually persons who are either close family members and/or friends of the ward or the ward’s parents. The individual must also be able to provide proper care for the child as well as have the capacity to make legal decisions on the child’s behalf. Do I Need a Lawyer If I Am Trying to Apply for Guardianship?Īs long as an individual has reached the legal age of majority in their state, which is usually around 18 years of age, they can be appointed as a child’s legal guardian.What If a Parent Already Has Custody of the Child?.

Is Legal Guardianship the Same as Adoption?.

How Are Legal Guardianship and Child Custody Similar?.

How Can I Establish a Legal Guardianship?.

Thus, even if you use the standard court forms to create a legal guardianship agreement or to petition a court to become a legal guardian, you should still consider hiring a local family lawyer to review your documents.

#Free legal guardianship papers how to

Depending on the circumstances, a guardian may be granted temporary, permanent, physical, or legal guardianship over a child.įinally, it should be noted that each state has separate laws and procedural requirements concerning how to establish a valid legal guardianship. They may also review the parents’ will documents and designate the person named therein the child’s legal guardian. A child’s parents may also draft a will that contains the name of the person whom they wish to become their child’s legal guardian in the event of their death, incapacitation, or absence.įor example, if a child’s parents were in a serious accident that caused both parents to lapse into a coma, a court could either appoint a close family member to become their temporary legal guardian. In most instances, legal guardians are generally selected in one of two ways: they can either be appointed by a family law court or included in a legal instrument called a “guardianship agreement”. A legal guardianship can also be arranged if the child needs someone to make legal decisions on their behalf. The main purpose of a legal guardianship is to ensure that there is someone who can provide proper care and protection for a ward. The adult party in a legal guardianship is known as the “legal guardian”, whereas the child or minor is referred to as their “ward”. In a family law setting, a legal guardianship can be described as a special type of legal arrangement wherein an adult agrees to assume legal responsibility for a minor who is unable to take care of themselves.

Are You a Lawyer? Grow Your Practice What Is a Legal Guardianship?