A guardian is a person who takes the place of your parents. He or she has the same responsibilities as your mother or father, including caring for you and your social, educational, and medical needs. Likewise, you have an obligation to obey and respect your guardian.
A guardian is either appointed by a court or named by your parents in their will. Usually, a relative or close friend of the family—someone you know—is named as your guardian.
In order for someone to be named a court-appointed guardian, the person must be screened and investigated to determine whether he or she can handle the responsibilities involved. If the court finds that the appointment isn′t in your best interests, it won′t be made. Another person will then be considered. If no one is available to be your guardian, the state, through Child Protective Services (CPS), will be appointed.
A guardian may be permanent or act as a guardian for you until you turn eighteen. If you get married or are adopted before then, the guardianship ends. In some states, if you′re a certain age, you′ll have a say in who becomes your guardian. You may have the opportunity to approve or disapprove the guardianship or request a new one. There must be good, sound reasons for the request, or the court will deny it.
You make much of the obligations and so forth but it would be interesting and useful to know what rights the young person would have, if any, over the appointment of a guardian. Would the be able to say a categorical "no" to the appointment of a particular individual for example?
John - it's difficult to provide specific information on this subject because every state has its own laws on the subject. That is why we presented a general statement. Many states set an age limit for a child/teen to have a say when a guardian is appointed, usually around 12 or 14 years old. You can check with your local library for your state's laws or call the state bar office for detailed information. Take care.
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