What is a guardian of a minor?

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A guardian of a minor has the same responsibilities as a guardian for an adult, only for a child. The guardian makes sure the child is provided shelter, food and clothing. The biggest difference between a guardian for an adult and a guardian for a minor has to do with the circumstances under which the court will appoint a guardian for a minor.

Children are presumed to lack the ability to make legal decisions on their own. They need time to develop their minds. That said, unlike establishing a guardian for an adult, there is no cognitive test to establish a guardianship for a child. Rather, the need for a guardian for a child has to do with outside circumstances related to the parents. For example, both parents may have passed away. Maybe both parents had their parental rights terminated or suspended due to abuse, neglect, or incarceration. Or, perhaps, the parents have left the child in the care of another and failed to leave anyone with legal authority to act in their stead. In these circumstances, the court will appoint another person to care for the child when the parents are otherwise unable.

If you know you need legal help, please call our us to determine if we are the right firm for you. We are well-versed in the intricacies associated with establishing a guardianship for a minor. Our staff is friendly, helpful, and here for you.*

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