This guide provides an overview of various types of guardianships and the surrounding issues. Topics covered include how to become a guardian, powers and duties of a guardian, compensation and liability of a guardian, and much more.
Puerto Rico USLegal Guide to Guardianship
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Multi-State
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US-GDE-08
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Word;
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FAQ
The guardian should include the person in decisions to allow or limit contact if the person has the mental capacity to make an ?intelligent decision.? If the guardian denies contact, the person or another individual can petition the court for a contact order.
Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.
Adoption Orders differ from Special Guardianship Orders in a very significant way in that an adoption order does sever all the legal ties between a child and their birth parents. Under an Adoption Order, all parental responsibility is transferred to the adoptive parent(s) and, once made, the Order is permanent.
Guardianship versus parental rights The fact that the child has a guardian does not mean the parent has no 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.
Parent or guardian means the mother or father of a person under eighteen years of age or one who is legally appointed to the care and management of a person under eighteen years of age or of a person incapable of managing his or her own affairs.
Asking a Judge to end the Guardianship If a parent wants to end the guardianship and have the children returned, the parent has to show that there has been a material change in circumstances since the guardianship was put in place. The parent has to show that they are capable of providing for the child's basic needs.
A guardian of an incapacitated person must act and make decisions relative to the ward's care, treatment, shelter, education, support and maintenance. A guardian must assure that the ward resides in the least restrictive setting reasonably available and receives all medical care which he or she may need.
If you are appointed as guardian, you have legal authority over the health and welfare of the child that supersedes anyone, unless the Court enters a subsequent order.
