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How Guardianships Work FAQ
What is a guardian ad litem?
A guardian ad litem is a person appointed by the court to stand in the shoes of a minor in a court proceeding in which the minor has some interest. The court can also appoint a guardian ad litem for an adult who can't care for him- or herself. Often, the guardian ad litem is a parent, close relative, or attorney. Some states also authorize the appointment of a guardian ad litem to represent a child's interests in a divorce case that involves custody issues.
If a guardian ad litem is not an attorney, the minor or disabled adult is frequently represented by an attorney as well.
If a child lives with me, do I need a guardianship?
You won't need a guardianship if the child is only staying with you for a few weeks or months. But anyone who anticipates caring for a child for a period of years will probably need a legal guardianship. Without this legal arrangement, you may have trouble registering the child in school, arranging for medical care, and obtaining benefits on the child's behalf. In addition, you'll have no right to keep the child if his parents want him back -- even if you think they're incapable of caring for him properly.
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FAQs
- When is the appointment of a guardian appropriate?
- This sounds very expensive. Who pays for a guardianship?
- Are there any disadvantages to the appointment of a guardian?
- May the court remove a guardian?
- If I need a guardian, may I specify whom I want and do not want to play this role?
Guardianship Resources
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