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Other Concerns

Make Sure You Are Aware of The Other Concerns

Make Sure You Are Aware of The Other Concerns

Becoming the legal guardian of a child is an extremely large
responsibility, and the individual who is considering petitioning to become the
legal guardian of a child may have many question and concerns. The legal
guardian will be responsible for providing for and supporting the child. It is
natural for a guardian to want to know what types of rights they have to the
child’s lif, and how long these rights and responsibilities will last. The
legal guardian may also be concerned about how they are going to afford to care
for the child.

Providing a child with the
necessities that are required for living can be very expensive. Before an
individual decides to petition for guardianship rights to a child, they will
want to understand what types of benefits and financial assistance they are
eligible to receive. It is essential that a potential guardian have all of
their concerns and questions answered before they complete the guardianship

Medical Coverage

A legal guardian of a child is responsible to provide that child
with access to healthcare and medical treatment. In some cases, the parents of
the child will continue to keep the child on their medical plan. If the parents
of the child do not agree to this, then it may be possible for the child’s
legal guardian to include their ward on their medical plan. However, this is
not always possible.

Many states have created an
alliance with the Federal Government in order to provide free or low cost
health coverage to the children of families who do not earn enough money to pay
for private healthcare, but make too much money for Medicaid. These programs
will cover most of a child’s necessary medical expenses. These programs often
offer options to legal guardians who are caring for a minor that is not their
child in order to ensure that the child receives proper medical care.

Permanency of Guardianship

The establishment of a guardianship is not usually considered a
permanent arrangement. Even a general guardianship
, which may be more long term than a temporary guardianship, can be terminated at any time. A
guardianship may be terminated at any time by the court
or due to other circumstances.

There are many situations that
would warrant the termination of a guardianship. A guardianship may be ended
when the child reaches a certain age, if the guardian is no longer able to care
for the child, or if it is no longer in the child’s best interest
 to remain in the care of the
individual who was acting as their legal guardian. Once a guardianship is
abolished, the individual who was acting as the legal guardian of the minor no
longer has any rights or responsibilities for that child. If the child is still
a minor when a legal guardianship is terminated, then the court will attempt to
find another guardian for the child.

Benefits/Subsidies for Legal Guardians

In the past, the Government provided little or no
assistance to relatives or family friends who chose to undertake the
responsibility of becoming a legal guardian. Many individuals who were
considering petitioning a court for legal guardianship of a minor hesitated due
to the financial burden that it would place on them.

guardians provide a safe and stable environment for a child to grow up in and
they provide the child with necessities, such as food, shelter and clothing.
They may also provide the child with any financial assistance. In many cases, a
legal guardian struggles financially due to the expensive nature of providing
for their ward. As a result, many states have established subsidized
guardianship programs and organizations in order to provide necessary financial
assistance to legal guardians in hopes that more individuals will be willing to
become a legal guardian of a child in need.

Make Sure You Understand The Permanency of Guardianship

Make Sure You Understand The Permanency of Guardianship

Unlike adoption, a legal guardianship is not considered a permanent arrangement. The legal guardian provides the court with a guardianship bond in order to receive guardianship rights over a person and their estate. This guardianship bond will be for the amount of the assets that are possessed by the minor or disabled adult for whom the guardianship is established.
This guardianship bond ensures that the guardian will adequately perform all of their responsibilities and that the guardian will not take advantage of their power over or access to their ward’s assets. Without this bond, a petitioner cannot receive guardianship rights over another individual.
Once a petitioner completes the necessary paperwork, provides the court with a guardianship bond, and receives authorization from a judge, the petitioner will receive all of the guardianship rights and responsibilities to the ward. The guardian will be required to uphold these rights and responsibilities until the guardianship is legally absolved. There are many conditions that can terminate an individual’s guardianship rights over a ward and end a legal guardianship.
If an individual feels that a child’s current legal guardian is not providing the child with adequate care, or is neglectful or abusive, then that individual can choose to file a petition to receive guardianship of the child. The case will be brought in front of a judge and the judge will review the evidence presented during the case. If the judge feels that it is no longer in the child’s best interest to remain in the care of their current guardian, then the guardian will lose their guardianship rights and the child will be placed in the care of a more appropriate guardian.
A child over the age of fourteen may also decide to petition the court to be removed from the guardianship of their current legal guardian. Likewise, the current legal guardian may choose to relinquish guardianship rights and forfeit their role as the child’s legal guardian. In cases such as this, the court will find a new guardian for the child.
If the child is adopted and moved into a permanent arrangement, then the individual who was appointed the legal guardian of the child will no longer be considered the child’s guardian and will lose the rights and the responsibilities that they had assumed when they were appointed the child’s guardian. If the judge feels that the parents of the child have become capable of properly caring for the child, then the judge may decide to have the child returned to the care of his/her parents.
Once a minor reaches the age of majority, which in most states is at the age of eighteen, then the minor becomes an adult and no longer requires a legal guardian. The legal guardian will lose their guardianship rights when the child they were caring for reaches the age of majority.
If a minor receives consent from their legal guardian to enter into a marriage, then the individual who had been appointed as the child’s guardian is no longer considered the child’s legal guardian due to child emancipation laws. If either the child or the guardian dies, then the guardianship is automatically terminated. If any of these situations occurs, the guardianship bond becomes void.