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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.

 
If You Want to Avoid a Formal Guardianship

An adult who has physical custody of a child may have reasons for not wanting to become a legal guardian -- for example:

  • The caretaker expects that the child's parents will not consent to a legal guardianship.
  • Dynamics between family members are such that filing for a guardianship might set off a battle for legal custody. (This would be especially likely where a stepparent and one natural parent care for a child.)
  • The caretaker doesn't want his or her personal life scrutinized in court or by a court-appointed investigator.

Some adults try to slide by and raise children (often grandchildren or other relatives) without any legal court authorization. If you go this route, you could run into problems with institutions that want authority from a parent or court-appointed legal guardian. Some communities and institutions, however, are very accommodating of people who are bringing up someone else's children. California, for example, has created a form that gives a nonparent permission to enroll a child in school and make medical decisions on the child's behalf without going to court. Research the laws in your state or talk to a knowledgeable family law attorney to find out whether there are ways for you to care for a child that don't involve becoming a legal guardian.

Copyright 2006 Nolo

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