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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.
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.
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 guardianship is NOT a termination of parental rights. The parents may rectify the conditions which led to the appointment of the guardian and if the court determines it to be in the best interest of the child to terminate the guardianship, the court may do so.
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.
A petition for temporary guardianship may be necessary if during the pendency of a proceeding, it appears there is imminent danger, that the physical health or safety of the proposed ward will be seriously impaired unless immediate action is taken.
Under Kansas law, a person can become a temporary guardian of a minor child by filing a petition in probate court. A guardian is a person that the court appoints to act on behalf of a minor or impaired person, called a ward. A guardian ensures that the ward's personal health, safety and welfare are secure.
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.