Is when the court orders someone other than the child`s parent to have custody of the child; or manage the child`s property (called `estate), or both.
In a guardianship of the person, the guardian has the same responsibility to care for the child as the parent. A guardian can be family, friends of the family, or other suitable persons.
A guardianship can be temporary or permanent. The parent or parents can have rights of visitation with their child. A guardianship of the person can be necessary where one or both parents have a serious medical or mental illness; are in the military and deployed overseas; have drug, alcohol or criminal issue; are abusive to to the child, or, for some other reason cannot care for the child.
The court looks at what is in the best interest of the child to insure the child is raised in a safe, stable and loving environment.
Becoming a Guardian can be a daunting process as there are a number of forms and steps that must be completed and taken prior to going to court.
A probate guardianship of the person will be set up when a child is living with an adult who is not the child's parent, and the adult needs a court order to make decisions on the child`s behalf.