Arbitration Forums Rules
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FAQ
There are three types of guardianship: (1) Guardianship of the Person, (2) Guardianship of the Estate, (3) Guardianship of the Person and the Estate. A Guardian of the Person only has authority to make personal and medical decisions. A Guardian of the Estate has the authority to make financial decisions only.
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 all of the above apply, you may be able to avoid a court order and get a short-term guardianship instead. A short-term guardianship takes effect the day that all required parties sign the document, and automatically expires six months after that date if no sooner date is given.
The parents of the minor child can fill out this form which appoints a temporary guardian. A temporary guardianship can be used for school and medical purposes. They can be renewed after the six months, and are renewal and terminable at the will of the parent.
The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND. If the child is 14 or older, the child will sign the agreement.
Would-be guardians must petition the court in the county where the proposed ward lives. The court will then hold a hearing to determine whether the guardianship would be in the ward's best interests. The burden of proof is on the person filing the petition.