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Guardianship of Minors

Where minors are concerned, the subject if a guardianship can be:

  • The minor him/herself (or what is commonly referred to as the minor's "person"),
  • The property (or "estate") of the minor, or
  • Both the minor and his/her estate.

Selecting Guardians of Minors

Preferred guardians for a minor are first the minor's parents, and then other relatives. However, the primary consideration in selecting a guardian is the best interests of the minor. If the parents are still alive, before a nonparent is chosen as a guardian the parents must be deemed unable or unfit to look after the best interests of the minor. When minors are removed from the care and supervision of their parents, and adoption is either not forthcoming or not a viable option, guardianship is considered a reasonable alternative.

Even after a guardian is chosen for a minor, most state statutes allow that at age fourteen (or other reasonable age), the minor may select (or at least voice a preference) concerning who will be selected to serve a guardian.

Guardian's Role and Responsibilities

The guardian of a minor looks after the direct physical well-being of the minor and the assets of the minor's estate. A guardian is also necessary to:

  • Provide a legal residence in order for the ward to attend a public school;
  • Apply for public assistance benefits for a minor if needed;
  • Apply for public housing on behalf of a minor where necessary; and
  • Bring a lawsuit on behalf of the minor.

The guardian also receives and maintains any money due the minor for his or her care or support. The guardian is required to maintain, account for, and preserve any excess funds beyond what is necessary to support the minor. The guardian has a duty to look after the minor's personal property and assure the proper education of the ward. The guardian is also required to authorize any necessary medical or other care for the well-being and health of the ward. Generally, the guardian provides whatever care would be given to a child by its parents.

Termination of Guardianship

When a guardianship of a minor is in place because of the age of the ward, the guardianship may be terminated when the minor reaches the age of majority. The guardianship may be reinstated by the court after the ward reaches the age of majority, where it can be shown that the ward still requires supervision. Guardianship may be terminated if the ward marries. Guardianship is automatically terminated at the death of the ward. In addition, the guardianship may be terminated, and a new guardian appointed, when it can be shown that the guardian did not adequately perform his or her duties to the ward.

Next Steps
Contact a qualified family law attorney to make sure
your rights are protected.
(e.g., Chicago, IL or 60611)

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