Legal guardian

The goal of a legal guardian is to protect a person who cannot make decisions on their own. The legal guardian makes decisions for the person who needs protection. Usually, a legal guardian has to be appointed (chosen) by a court. Before a court appoints a guardian for a person, it first has to decide that the person is incompetent (unable to make decisions on their own).[1]

A court may choose a legal guardian for a minor child (a child under a certain age) in many different situations:[2]

  • If a child has no parents or other adults who are willing to take care of the child
  • If a child's parents die
  • If a child's parents lose custody of the child. (This happens when a court decides that the parents are not able to take care of the child. For example, if a parent hurts their child, or does not care for them properly, they may lose custody.)
  • If a court decides that a child's parents are incompetent (unable to make decisions on their own)

A court may also choose a legal guardian for an adult. This happens when the court decides the adult is incompetent. The court appoints a legal guardian to help protect the incompetent person (who is called a ward). The legal guardian then has the right to make legal decisions for the ward.[1]

  1. 1.0 1.1 "Guardian - Legal Information Institute, Cornell University". Legal Information Institute. Retrieved 2015-11-25.
  2. "Guardianship: Child Welfare Information Gateway - U.S. Department of Health & Human Services, Administration for Children & Families, Children's Bureau". Child Welfare Information Gateway. 2015. Retrieved 2015-11-25.

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