When parents face challenges, relatives and close family friends often care for the children. If the situation becomes long-term, establishing guardianship of a minor may be necessary. That’s where Unique Estate law steps in.
As a leading family law practice serving clients in Minnesota, we help clients from all walks of life navigate the guardianship process. If you need to establish guardianship rights for a child who is not your own, we will provide compassionate representation and caring, efficient service. Contact us today to speak with an experienced legal guardian attorney.
What Is A Guardianship?
Guardianship is a legal process in which the court appoints an individual, known as a guardian, to care for someone unable to do so for themselves, such as a minor. Guardianship of a minor child may be necessary when a minor’s parents cannot provide care due to death, incapacity, or other extenuating circumstances.
Eligibility for Guardianship for Minors in Minnesota
Guardianship in Minnesota is governed by specific laws to ensure the well-being and safety of minors. While anyone can petition to be a guardian, the court carefully scrutinizes each case to determine whether guardianship is necessary and who is best suited to serve in this role. The primary circumstances under which a court will consider appointing a guardian for a minor is when the parents are no longer able to provide adequate care due to:
- Death
- Long-term illness
- Physical or mental incapacity
- Military deployment
- Incarceration
If the parents are living but are deemed unfit due to substance abuse, neglect, or abuse, the court may determine that guardianship is necessary. Additionally, the court may appoint a guardian to manage the affairs of a minor who has received or stands to inherit significant property or assets. The primary consideration is always the best interests of the child.
Because establishing guardianship can be intricate and emotionally charged, enlisting the services of a skilled guardianship attorney is essential. You can trust Unique Estate Law to provide informed guidance and ensure the guardianship arrangement serves the minor’s best interests.
What Are the Rights and Duties of a Guardian?
An individual appointed as a guardian is granted certain rights to make decisions for the minor. At the same time, they also assume several responsibilities. As a guardian, your duties include the following:
- Physical care – You are responsible for ensuring the minor’s day-to-day needs are met, including food, clothing, shelter, and personal safety.
- Healthcare decisions – As a guardian, you are given the authority to consent to or refuse medical treatment for the minor, taking into consideration their best interests and overall well-being.
- Education – Guardians are expected to ensure that the minor receives an appropriate education. This includes making decisions about the type of school and level of education best suited to the child’s needs and abilities.
- Supervision – Guardians are tasked with providing adequate supervision to ensure the minor’s safety and proper conduct.
- Financial management – If the guardianship includes handling the minor’s property or financial assets, the guardian must manage these resources prudently and in the best interest of the minor.
- Reporting – As a guardian, you are required to report to the court regularly, usually on an annual basis, about the minor’s condition and how you are fulfilling your guardianship responsibilities.
As a guardian, you must prioritize the minor’s best interests in all decisions and actions. Working with an experienced Minnesota guardianship attorney is the best way to understand and fulfill these obligations.
Emergency Guardianship of Minors
In urgent situations where a minor is at immediate risk or requires immediate medical attention, an emergency guardianship can be established. This is a temporary arrangement lasting up to 90 days, allowing a guardian to make crucial decisions on behalf of the minor. Our capable guardianship attorney can help facilitate this process swiftly, ensuring the child’s immediate needs are met.
Difference Between Guardianship and Adoption
While both guardianship and adoption involve caring for a child, they differ significantly. A guardianship is often a temporary or limited-term arrangement and does not sever the legal relationship between the child and their biological parents. In contrast, adoption is a permanent arrangement that terminates the biological parent’s rights, and the adoptive parents gain full parental rights and responsibilities.
Why Unique Estate Law?
Navigating the guardianship process can be complex, and each case presents its unique circumstances. You can depend on our experienced guardianship attorney to:
- Provide much-needed legal advice
- Explain your responsibilities as a guardian
- Assist with the required paperwork
- Represent you in court
Above all, you can trust Unique Estate Law to ensure that the guardianship arrangement is in the best interest of the child.
Talk To An Experienced Minnesota Guardianship Attorney Today
While the guardianship process may seem overwhelming, remember that it’s fundamentally about the welfare and best interests of the child. With the support of our knowledgeable guardianship attorney, you can better navigate the process, ensuring a secure and nurturing environment for the minor. Get in touch with us today to learn how we can help.