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A guardian of the person is someone appointed by the court to make personal care decisions on behalf of a mentally incapable adult. This usually happens when the person doesn't have a power of attorney for personal care or if their attorney is not able or willing to fulfill their duties.
The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
The Guardianship Order will provide only for the personal care, day-to-day decisions for the child, and to make all major decisions for the child, including those related to religion, medical care and schooling. It will not give you the right to make decisions for the financial affairs of the child.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
In order for a guardian or conservator to be appointed, a petition must be filed in the circuit court in the county where the alleged protected person lives.
The court shall set the duration of the temporary guardian appointment, but such appointment shall not exceed six months. The court may extend the temporary guardianship upon further order finding continued need in the best interest of the minor.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
For example, one guardian may be in charge of the child's day-to-day care and has the authority to make important decisions regarding housing, medical care, schooling, and extracurricular activities. The court might also appoint a second guardian to manage property left to the child until they turn 18.