How to Establish a Guardianship of a Minor Guardians ad litem are typically appointed in divorce cases, probate matters or in situations where the minor has been abused or neglected. A court appoints a guardian ad litem to represent a minor's interests in a legal proceeding. A guardian of the estate must make all financial decisions for the minor until the minor reaches the legal age or until the minor's assets are depleted. If a minor has a substantial amount of money or property, the court may appoint a financial guardian, or guardian of the estate, to manage and protect the minor's assets. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. While the minor's parents are legally required to continue financial support of the minor, the legal guardian must ensure that the minor receives food, shelter, clothing, education and medical care. An adult with legal custody of a minor has the responsibility to provide for the minor's physical and personal needs. In limited cases, an adult may be appointed by the court to serve as a guardian ad litem. As the minor's legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor's property. A legal guardian may be a friend, family member, or other person the court feels will act in the minor's best interest. Courts assign guardianships in a number of situations, including when parents have abandoned a minor, when a minor's parents have died, or when a minor's parents are incapable of providing proper care for the minor. Justia provides a comprehensive 50-state survey on guardianships for both minors and adults, as well as guardianship forms and resources for each state.Ĭourts may appoint an adult guardian to care for a minor, who is not the child of the adult.
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