probate guardianships of the person self-help overview course

Probate Guardianshipsof the Person

Self-Help Overview Course

Welcome and Introductions

Probate Guardianshipof the Person

Notebook

What is a Guardianship of the Person?

• A legal arrangement where a non-parent takes care of a minor.

• Voluntary.• Not for children in foster care or

juvenile justice system.• Not to manage property.

Is a Probate Guardianship Needed?A probate guardianship may not be

needed if:

• Parents and caregiver agree on an arrangement for child’s care.

• You only want to collect public benefits on behalf of a minor.

• A caregiver’s affidavit meets the need.

Caregiver’s Authorization Affidavit

• Any adult caregiver may use to enroll child in school.

• A relative caregiver may use to authorize basic medical care.

Guardianship Advantages

• Ensure safety and wellbeing.

• Clarify the custody rights of a caregiver when there is a conflict with the parents.

• Provide stability.

• Provide medical insurance.

Guardianship Disadvantages

• Can be a source of stress and conflict.

• Can negatively impact some types of public assistance or benefits.

• May not be appropriate when there is severe abuse or neglect.

Who can start the process?

•A relative or non-relative

•A parent

•A child 12 or older

Is a Guardianship of the Estate Needed?

• Not if money in blocked account.

• Not if child’s property is worth $5000 or less.

• Not if child only receives public benefits.

How long does the process take and how much does it

cost?

Are You Ready to Become a Guardian?

What does a Probate Guardian Do?

• Food, clothing and shelter

• Safety and protection

• Physical and emotional growth

• Medical and dental care

• Education and special needs

Decisions About Residence

• Guardian decides where child lives.

• Guardian must tell court when you move.

• Guardian must get court’s permission to move out-of-state.

Visitation

Visitation ScenarioMaternal grandmother is guardian of

two children. Mother wants to spend more time with the children. Mother is a former drug addict who has successfully completed her rehabilitation program.

Who will make the visitation decision?

Other Decisions

• Vacation

• Schooling

• Medical

• Therapy or Counseling

What Questions Are You Asking

Yourself?

Ask Yourself

How will the guardianship affect you and your family?

Ask Yourself

Do you have enough money?

Ask Yourself

What is the role of the child’s parents or relatives, if any?

Ask Yourself

Can you fulfill your duties to the court?

Becoming a Guardian

Becoming a Guardian

• What forms are needed?

• Is a lawyer needed?

• How do I get a court date?

• What happens before the court date?

Notice for Probate Guardianship Hearings

What is Notice?

• Notice is when you tell the child’s family and certain agencies that you asked the court to appoint a guardian.

• The law tells you who must get notice and how.

You MUST follow the notice rules

carefully!

How do you give notice?

• Someone – not you – gives copies of your court forms to certain people, relatives and agencies.

• There are 2 types: personal & by mail.

Who must get notice in person?

• Child if 12 or older.

• Any person with legal custody now.

• Parents.

Who can get notice by mail?

• Child’s brothers and sisters.

• Half-brothers and sisters.

• The child’s grandparents.

• Guardian of the Estate or person nominated as guardian.

• Agencies

More Notice Requirements

• At least 15 days before the hearing.

• Notice of Hearing form with the petition and any other court papers that your county requires.

• If have consent and waiver, notice is not required.

Notice ScenarioPaternal grandmother is seeking

guardianship of 2-year old grandson. Mother is in shelter and was homeless before that. Father is in state prison. Paternal grandfather disappeared 17 years ago. Maternal grandparents live in Arizona but have not spoken to Mother for 5 years.

What if I Don’t Know Where Relatives Are?

• Try to find them and write your efforts down.

• Ask permission to continue with your case without giving notice to missing relatives.

How to Get Ready for the Hearing and What Happens?

• Know your forms and bring copies with you, including proof of service, filled-in Order and Letters.

• Cooperate with court investigation.

• Go to the hearing.

• Judge may ask questions.

Emergency Situations

Is the Guardianship Process the Same in an Emergency?

• A temporary guardianship can be set up for a short period of time for emergency situations.

• The temporary guardian’s duties have an expiration date.

Scenario #1

Maternal grandfather is seeking guardianship of 14-year old Penny. Her parents are having problems at home. Penny is staying out late and partying. The family thinks a change in school will help Penny. The school year is going to begin in a week.

Scenario #2

Wen is seeking guardianship of her newborn niece. Mother is homeless and taking drugs. Birth certificate states that Father is unknown. The baby was tested to have drugs in her body. The hospital will not release the baby until someone is appointed guardian.

Notice for Temporary Hearing

• Personal notice to child if 12 years or older, parents and any person with visitation order.

• At least 5 days before hearing.

• Good cause exception.

Becoming a Temporary Guardian

• You must use different forms.

• You must also file for a general guardianship at the same time.

• Decision on temporary is separate from decision on general.

Ending a Guardianship

When does a Guardianship End?

• The child turns 18.

• The child is adopted, marries, enters the military or gets declared an adult.

• The child dies before turning 18.

• The court ends the guardianship.

Who can Ask the Court to End a Guardianship?

• The child if 12 or older.

• The parents.

• The guardian.

Termination ScenarioMaternal grandparents are

guardians of grandchild because Mother and Father are homeless. Mother still lives on the street and Father completes rehabilitation and has a steady job. He files a petition to end the guardianship.

Resources