Montana Petition for Termination of Guardianship by Emancipated Minor

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US-02557BG
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Description

A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. The guardianship of a minor remains under court supervision until the child reaches majority at 18.

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

When a person is or becomes incapacitated and unable to manage their person or their affairs, they will need a court to appoint someone as a guardian for their person and as a conservator to manage their finances.

To end a minor guardianship before the child turns 18, you must file a motion to request the court to terminate the guardianship, and the court may hold a hearing on the motion. When a child turns age 18, the minor guardianship automatically ends with the filing of a final report. See Iowa Code section 232D. 503.

The Montana Minor Child Power of Attorney registers the confirmation of a selected attorney-in-fact by a parent to distribute authorization to care for their child. The gained permissions prompted by a parent (or both parents) can be issued temporarily, not to exceed a six (6) month period.

Fill out three forms: (1) the Motion to Terminate Guardianship, (2) the Affidavit in Support of Motion to Terminate Guardianship, and (3) the Order Terminating Guardianship. Make copies of the motion and affidavit for yourself and for each interested party (including the child if they are over the age of 14).

Some people use ?conservatorship? and ?guardianship? interchangeably, but, in Montana, they are distinct legal processes. A guardian is responsible for making personal and healthcare-related decisions on behalf of the disabled individual, while a conservator manages the individual's finances.

The biggest difference between adoption and guardianship may be the time period for which the arrangement is effective; while adoption permanently places a child with a new family, guardianship is usually a temporary arrangement that places the child with a close friend or family member.

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Montana Petition for Termination of Guardianship by Emancipated Minor