Guardianship

Castruita Law, APC

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GUARDIANSHIP OVERVIEW

Guardianship

A guardianship can either be of a person or an estate. If you are appointed as a guardian of the person, then you will have full legal and physical custody of the child with all decision-making rights and responsibilities as a parent. If you are appointed guardian of the estate then you are responsible to manage the assets or property of another.

Guardianship of the Person:

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A guardianship of a person can either be consented to by the parent(s) or over the objection of the parent(s) and petitioned from the court. The person petitioning the court usually applies for temporary and permanent guardianship from the outset. The court applies the best interest of the child standard to determine whether you should be appointed. If you are appointed as guardian then parental rights are temporarily suspended. However, parents may still have the right to reasonable visitation and an obligation to pay child support.

Guardianship of the Estate:

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If the court appoints you as guardianship of the estate, then you will be responsible to manage any income, investments or property until the child reaches the age of majority. Responsibilities include ensuring there is insurance over the assets, maintain good record keeping, manage accounting, inventory of the estate, value the estate, and other prudent management of the estate.

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