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Parents may designate in their will a person to be their child's guardian to provide for the care of the child in the event of the parent's death or permanent disability. Standby guardianship laws provide parents with a way. to legally transfer custody of their child during their.
The entire guardianship process begins by filing a Petition for Appointment of Guardian/Conservator with the appropriate probate court. There are many procedural steps after the Petition is filed and the process will typically conclude with a hearing in front of the Probate Judge.
The Guardian has the duties and powers reasonably necessary to provide adequately for the support, care, education and well being of the ward from the ward's assets or public assistance, as necessary, even to the extent of participating in legal proceedings where appropriate or advisable.
Guardianship is a legal proceeding that requires a hearing at which evidence is presented, testimony is taken and a lawyer will be appointed to represent the Proposed Ward. If you are not represented by an attorney, you will be expected to present the evidence to the court in the appropriate manner.
The petition should be filed in the county in which a minor is found or in which the proposed permanent guardian is domiciled. In its discretion, the probate court in which the petition is filed may transfer the case to another county in this state, if such transfer would serve the best interest of the minor.