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Guardianship versus parental rights Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody.
Unless limited by a court, a guardian may do the following: 1) receive money payable to the ward; 2) determine where the ward lives; 3) consent to medical and other treatment of the ward; 4) consent to marriage or adoption of the ward; and 5) allow the ward to make some decisions about the ward's life.
Abandonment of the child. Mental illness or deficiency the parent, which renders them incapable of caring for the child. Drug or alcohol abuse by a parent. The parent has abused the child, or attempted to do so, or the child is in clear and present danger as evidence by the treatment of a sibling.
POWERS OF GUARDIAN: The powers that the court may transfer to the guardian of the person in full or in part include: the power to provide informed consent to voluntary or involuntary medical examination and treatment if it is in the ward's best interest. any other power the court specifically identifies.
Kinship guardianship is a judicially created relationship and would therefore, be achieved at the point that kinship guardianship is awarded by the juvenile court to the relative.
The guardian is a person who looks after the child or incapacitated person and their welfare while a conservator looks after the estate.
WHO CAN BE GUARDIAN FOR A CHILD? The Probate Court may appoint any person who will act in the best interest of the minor. However, if the minor is 14 years old or older, the minor's nominee must be appointed unless the appointment is contrary to the minor's best interest. Also, a parental nomination has priority.