A Guardianship is created to manage the affairs of a minor person. There are a few situations where this is common. For example, deceased parents or unfit parents (because of drug use, alcohol abuse or other mental disability).
The probate guardianship may stop when the parent is able to begin again to care for the minor child.
Anyone can petition the court to be appointed the legal guardian. This can includes close relatives such as an aunt or uncle, older siblings, grandparents or even a family friend. Surprising to many parents is the fact that a minor can petition the court for a guardianship. The court must be petitioned and the guardian must be approved and appointed by the court.
A will or trust is a wonderful instrument to name a guardian for your children in the event of your death or incapacity. This helps avoids family disputes arising from disagreements on who should care for your children in such an unfortunate situation.
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