Actualités

Who Are Legal Guardians
12 décembre 2022

The ordered guardianship of a child lasts until the child reaches the age of 18. If the child does not graduate from high school before the age of 19, the child and guardian may apply for guardianship to continue until the child completes high school or turns 19, whichever comes first. The application for continuation of guardianship must be submitted at least 2 weeks before the child reaches the age of 18. Guardians ad litem (LAGs) are not the same as “legal guardians” and are often appointed in the case of minor children, often to represent the interests of minor children. Guardians ad litem may be called Court-appointed special advocates (CASA) in some U.S. states. In upstate New York, they are known as Advocates for the Child (AFC). They are the voice of the child and can represent the child in court, with many judges respecting any recommendation from an LAG. LAGs can help when a child is removed from a hostile environment and custody is transferred to the appropriate family authority in the state or region, and in these cases, help protect the minor child. Are there post-appointment standards that guardians must follow when making decisions? Courts can receive complaints against guardians, and some states have a specific claims procedure set out in their laws. Upon receipt of a complaint, the court may review the performance of the guardian. The courts can hold hearings on complaints and order guardians to take certain steps, such as allowing family visits. The person or a person concerned about their rights can ask the court to terminate the guardianship – or at least to modify it to recover some of the rights.

In most states, the process begins with determining whether the person with a disability is actually unable to work. There will often be an evidentiary hearing. [1] Only when incapacity is established does the next step take place: whether and to what extent a guardian is needed (e.g., a guardian may be needed for the person`s finances, but not for the person) and, if so, who the guardian should be. [2] A number of factors may be considered in determining whether guardianship is necessary, including whether there is a less restrictive alternative, such as the use of a pre-existing power of attorney and a health care representative. [3] In some cases, a guardianship dispute can become highly controversial and lead to a dispute between a parent and adult children, or between different siblings against each other, which is essentially a pre-nachlass dispute over the property of one of the parents. Even in such cases, the revocation of guardianship is often prosecuted. The National Guardianship Association has ethical principles and standards of practice that provide such guidance. The norms explain that guardians are in the place of the individual when making decisions. The guardian should involve the person as much as possible in the decision-making process.

Litigants are also appointed in cases of allegations of child abuse, child neglect, PINs, juvenile delinquency or dependency. In such cases, the guardian is responsible for representing the best interests of the minor child, which may differ from the position of the State or State authority and the interests of the parents or guardian. These guardians vary by jurisdiction and can be volunteer lawyers or lawyers. For example, Alliance volunteers trained in North Carolina are paired with lawyers to advocate for abused and neglected children. The program defines a child`s well-being as a safe and permanent home. [10] In 2006, a legal status of “special guardianship” was introduced (using powers conferred by the Adoption and Children Act 2002) to allow a person with rights similar to those of a traditional legal guardian, but without absolute legal separation from the child`s biological parents. [13] These should not be confused with court-appointed special guardians in other jurisdictions. The person under guardianship should be at the centre of all decisions and plans for the future. “Person-centred planning” refers to approaches to managing change and continuity in a person`s life.

The guardian should aim to understand the unique characteristics of the person and ensure that the person has positive control over their life and is supported in their community. The tutor should actively involve the person in the planning process and allow them to move the planning process forward as much as possible. If it can help the guardian identify and pursue the person`s goals and preferences, the guardian should involve the appropriate family members and friends. More than one adult can serve as a guardian for a child at the same time. Before taking this step, it is important to consider the possibility of disagreements between guardians that affect your child`s future. However, in some cases, it may make sense for one adult to be better able to provide the emotional support a child needs, while another manages their finances better. Different children in the same family may have different guardians, which can be a good option if they have already established bonds with certain adults. The courts generally have the power to appoint a guardian for a person who is in need of special protection.

A guardian who is responsible for both the personal well-being and financial interests of the community is a general guardian. A person may also be appointed as a special guardian who has limited authority over the interests of the ward. For example, a special guardian may have the legal right to decide on the disposition of the ward`s property without having authority over the person of the ward. In Israel, more than 50,000 adults have been entrusted with legal guardians; 85% of them have family members as guardians and 15% have professional tutors. Until 2014, guardians were supervised by the Office of the Deputy Head of the Department of Justice only in matters of property.