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Fill out the forms. Adult's Statement - Guardianship of Child (0.01 MB) Claim - Family Law Act (0.1 MB) File your order. Do this at the same court, in the same location, where you've either: already been to court with the other party. started any court action that hasn't gone to court.
A guardian is also prohibited from making gifts from the ward's estate. Generally, a guardian cannot tie up the ward's money by purchasing real estate, but can lend the money to someone else buying real estate if the property is sufficient security for the loan.
The duties of a guardian, generally speaking, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual.
A guardian is responsible for an elder or minor ward's personal care, providing them with a place to live, and with ensuring their medical needs are met. 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.
Under certain circumstances, a Guardian may be personally liable for improper distributions, and may be compelled by a Court to make a distribution at the Ward's or Interested Person's request.
The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children.
You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.
The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.
The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.