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The loss of a parent presents challenges at any age but can bring on a lot more complications when a child is young. If you have an underage family member who has suffered the loss of parents, then you may want to step in for a more responsible role in their life. One way to do this is with a guardianship.
A guardianship will give you the legal rights over a child in a similar way their parents had rights. As you seek out a guardianship, the type that you choose will depend on the situation and the role you want to play. Learn about the three types of guardianship options to consider and how a lawyer can help you through each step of the process.
1. Guardianship Over The Child
If a child suddenly finds themself without parents, then they may not be at the proper age to make responsible decisions on their own. When a lawyer helps you apply for guardianship over the child, you will have the legal authority to make decisions for the child. This includes medical-based decisions.
Medical-based decisions could include the doctor a child sees or decisions to make if a child needs emergency care. The control also extends to where the child will live and what school they will attend. Traditionally, a guardian will choose this option if they have the child live with them.
Through the use of guardianship, you do not need to worry about state services stepping in or making decisions for a child. A lawyer can help you expedite the filing and try to get guardianship as soon as possible so you can transition the child and help create some new habits.
2. Guardianship Over The Estate
You may have the child’s well-being at heart, but you may not have the means or the ability to raise the child or live with them. In these circumstances, you may want to claim guardianship over the estate to help protect the child’s assets and plan for their future.
With an estate guardianship, you will have control of the assets and financial accounts until a child reaches adulthood. For example, a child’s parent may have a home that you either sell or take care of until the child is old enough to make a decision about what to do with the home. You may want to sell off their cars and keep money in a trust or account for the child.
The decisions you make with assets will likely need court approval, especially if you seek to sell specific items and build up an account for the child. A lawyer can guide you through the process and will understand the best methods to go through the court system and make the necessary changes you seek.
3. Guardianship Over The Child and the Estate
If you plan to step into a more permanent role with the child, then you may seek a guardianship that encompasses every element into one position. With complete guardianship, you would have legal control over a child and their estate. You could seek out assets to help raise the child and keep money available for when they reach adulthood.
A lawyer can help you establish a plan that includes both elements and the different plans you have associated with the child. The plans may include some of the goals you may have such as a college fund or a savings account that the child can access at a specific age. A lawyer will help with each element so you don’t hit any snags through the court system.
For more information on guardianship options, contact our offices at The Ching Law Firm, PLLC. Through a consultation, you can learn more about your legal options and the steps you need to take to obtain proper guardianship over a child.