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The first step in creating a voluntary guardianship for yourself is to file a petition with the Probate Division. For more information and forms related to voluntary guardianship, visit the Vermont Judiciary website . After the judge orders the voluntary guardianship, you can ask to end the guardianship at any time.
Parents are the natural guardians for their children. But there are circumstances when a court-appointed guardian is needed to provide for the personal care or protection of the property of a minor or both. The probate division appoints a guardian who will act in the best interests of the child.
§ 2650. Minors residing in the State and having reached the age of 14 years may choose their guardians, subject to the approval of the Probate Division of the Superior Court, and may appear before the court or before a Superior judge and make their choice.
Under Maine law, the legal guardian of a minor ?has the duties and responsibilities of a parent regarding the minor's support, care, education, health, and welfare.? The child's parents remain their child's legal parents?their rights are not terminated but are mostly suspended.
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.
If you think someone needs help in the management of their personal or financial affairs, you can file a petition with the probate division to request appointment of a guardian.
Introduction to Guardianship in Massachusetts A guardianship is a legal relationship in which the court appoints a person to care for another. A guardian may be appointed for a minor if the legal parents are unfit or for an adult if she is incapacitated.