The information in this section relates to guardianships. These cases are initiated by the person who wants to be the guardian or by another family member who asks the court to appoint a guardian. If the juvenile court has awarded custody of a child to someone other than the parent, the information in this section does NOT apply to that case. In most cases, guardianship of a minor is exercised by his or her parents. It is the power that the law gives parents to take care of the person and property of their children. Sometimes, however, either due to the death or absence of the parents, or due to the withdrawal of parental authority, it is necessary to appoint a legal guardian for minors. Click here to find your local child care agency. Or find your district`s social services or human resources department. Guardianship of the person`s estate is established when a minor lives with an adult who is not the minor`s parent and the adult needs a court order to make decisions on behalf of the child. In general, guardianship of the estate is for children under the age of 18. For young people with an immigrant background who wish to apply for special youth status as immigrants, the law allows for the application or extension of guardianship for a young person who is already 18 but under 21.
Click here to learn how. In the Civil Code, there is a list of preferences in choosing a guardian according to the degree of consanguinity, the first option being parents, spouses of a parent, descendants or ascendants. The first thing the judge who appoints the legal guardian must do is listen to the person under guardianship to find out their preference. On the other hand, the guardian is the general legal representative of the municipality. However, there are some actions that you cannot perform on your behalf. This is the case for those whom the ward can only execute in accordance with the law itself, and for some others for which he needs judicial approval. Guardianship for the estate is established to administer the income, money or other property of a minor until he or she reaches the age of 18. A child may need guardianship of the estate if he or she inherits money or property. In most cases, the court appoints the surviving parent as guardian of the child`s estate. Before you decide to become a guardian, ask yourself the following questions: The position of guardianship, which is supposed to be a legal guardian, is granted by the judge.
A judicial declaration is essential for a person to be a legal guardian. In some cases, the same person may be the guardian of a person and the guardian of the estate. In other cases, the court will appoint 2 different people. In addition to these legal requirements, certain factors are taken into account when choosing the legal guardian. First, the opinion of the community is heard. Subsequently, if applicable, the spouse living with the municipality and the parents or the© person chosen by the parents by©will are taken into account. The basic duties of a person who holds legal guardianship are as follows: IMPORTANT: If you need to establish guardianship of the estate, it is best to have a lawyer set it up and represent the guardian of the estate. This is due to the fiduciary duty (this is the highest legally recognized duty) that the guardian has towards the minor and which requires compliance with all laws and rules protecting the minor`s property (property).
A lawyer can make sure the executor is doing everything right. Attorney`s fees are paid by the estate and must be approved by the court to protect the child. Guardianship of property is created to manage the property of a minor. It is necessary if: The guardian is responsible for the full care of the child, for example: Sound: Ask the court or your local child welfare authority to tell you where you can get help. Click here to find your local child protection agency and visit your county website. You can also consult the section about your district in the phone book. The guardian is also responsible for the supervision of the minor and may be held liable for intentional harm caused by the minor. The guardian is the legal representative under the judicial supervision of a person who cannot take care of himself.