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Guardianship can arise in a number of ways including: election by the incompetent (power of attorney); appointment by the court (judicial court order); assumption of the role of guardian without legal authority (guardianship role simply assumed by another party).
It is strongly recommended that, if only one parent is crossing the border with a child under age 18, they have a Consent Letter from the other parent granting permission to take the child out of the country. It is even more important if the child is traveling with a friend or relative without either parent present.
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.
A person who isn't a parent can become a guardian only by court order or under a will. They can't become a child's guardian just because someone puts it into an agreement. Once a person is named as a guardian, they'll always be a guardian unless: a court order takes away their right to be a guardian, or.
The only way to become a guardian of the person is by applying to court. Speak to a lawyer if you are considering applying. As part of the court application, you will need to complete a guardianship plan form which explains your plan for the incapable person's personal care that you must follow.