Overland Park Family Lawyer Explains: What is Guardianship? When and how can that be attained?

People need guardianship agreements in several situations. Sometimes if you have a minor who is not living with their biological parents anymore and instead living with you, you need to enroll that child in school or get the child medical treatment, then the parents can execute guardianship agreements to legally allow this arrangement. This allows a third party such as a grandparent or aunt to have the rights to make those decisions for their child. In the event the parents are unable or unwilling to execute an agreement for guardianship, you may petition the Court to grant a third-party guardianship over the minor child. The Court will consider what is in the best interests of the child at that time and whether to award guardianship. Another time guardianship would be important - if you have a person who lacks capacity to enter into agreements or do things in their own best interest. This could be someone that is elderly or someone that has mental handicaps. In that case, appointing a guardian for someone who is not a minor may be appropriate. In that event, you are able to ask the court to appoint guardianship to a person that you think would be appropriate. This could be financial decisions or just day-to-day decisions.


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