Are family members considered guardians?

A parent of a child is normally not considered a guardian, though the responsibilities may be similar. A family member is most commonly appointed guardian, though a professional guardian or public trustee may be appointed if a suitable family member is not available.

When is a family member appointed a guardian?

A concerned relative or social worker asks a state Family Court to appoint a guardian for someone who can no longer take care of themselves because of age or mental or physical problems. If the person is deemed mentally incompetent, very often the family member or friend who brought the case to the court will be appointed a guardian.

What happens in a family court guardianship hearing?

In a Family Court guardianship hearing, the court takes testimony concerning the person seeking guardianship to determine whether it would be in the child’s best interests to allow that person to take responsibility for the child’s care. If the child is over 14 years of age, the court may consider the child’s own preference.

Who can file a petition for guardianship of a child?

Who can file a petition for Guardianship? An adult relative or family friend, a child-protective agency or if the infant is over the age of 14 years, the infant (child), can petition the court to be appointed as the guardian or standby guardian of a child.

Can a surviving parent be the guardian of a child?

In most cases, the court appoints the surviving parent to be the guardian of the child’s estate. In some cases the same person can be the guardian of the person and of the estate. In other cases, the court will appoint 2 different people.

Who is the Guardian in a guardianship case?

A guardianship is a court ordered relationship in which the guardian acts on behalf of the ward. Wards are persons who are not able to care for themselves or their property. The guardianship may be for the estate only in the circumstance where the guardian cares for the ward’s assets.