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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. An appointment for guardianship may be limited in scope or general.
A legal guardian may be a friend, family member, or other person the court feels will act in the minor's best interest. As the minor's legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor's property.
Guardianship means obtaining the legal authority to make decisions for another person. A guardian is the person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the protected person.
These powers allow the guardian to decide, for example, where the adult should live, consent to medical treatment on their behalf, and make day-to-day decisions relative to their care.
Parental responsibility is exercised by the child's parents. Guardianship is exercised by someone who is not one of the child's parents. It is up to the person or persons with parental responsibility, or the guardian, to make decisions about the child's care and upbringing and to administer the child's property.
Submit the application form in person or by mail at the court location where your case is going to be held. Notarized and Verified Consent to Nomination by Minor (MPC 441) if the minor is 14 years old or older. Verified Motion for Appointment of Temporary Guardian (MPC 340) if you need court authority quickly.
A guardian is responsible for an elder or minor ward's personal care, which includes housing and medical care. Guardians make sure that their ward has a place to live, such as the guardian's home, with a caretaker, or in an assisted living or full-care facility.
LIABILITY OF GUARDIAN: A guardian has to use reasonable care and caution when making decisions and acting on behalf of the ward. However, absent negligence or conflict of interest, the guardian is generally not personally liable for any of the actions taken on behalf of the ward.
A legal guardian is someone who has the legal authority to take care of a child should anything happen to the parents. Guardians are responsible for taking all parental decisions and can also be responsible for managing a child's property and inheritance.
Guardianship is a legal process that gives the guardian permission to take care of and make decisions for an incapacitated adult. An incapacitated person is someone with a clinically diagnosed condition that keeps them from being able to make or communicate decisions about their physical health, safety, or care.