Minor And Adult Guardianship and Conservatorship
TEMPORARY GUARDIANSHIP OF A MINOR
In order to obtain temporary guardianship of a minor, the individual seeking guardianship must file a petition with this Court requesting to be appointed as the temporary guardian of the minor. As part of the petition, the natural mother and father must first sign the petition temporarily relinquishing their parental rights of the minor. Once these documents are signed and filed with the Court, the Court can then proceed with the process. Once a guardianship is established, it remains in place until the parents petition to terminate the guardianship (ONLY THE PARENTS CAN TERMINATE) or until the minor reaches the age of 18, whichever occurs first. The Court does not grant Temporary Letters of Guardianship from one custodial parent to another. A custody change or temporary agreement must be filed in the appropriate court having jurisdiction.
TEMPORARY CONSERVATORSHIP OF A MINOR
A conservatorship may be needed when a child is entitled to proceeds or any other property from whatever source. This is usually filed by the natural guardian of the minor unless the natural guardian is unable or unwilling to be appointed.
In most cases appointed conservators must be bonded for the value of all property of the minor and will be required to file yearly reports.
When a person files for guardianship/conservatorhsip of an adult, the adult must be personally served with a copy of the petition and evaluated by a physician, psychologist or clinical social worker. It must be proven that the adult lacks sufficient capacity to make or communicate significant responsible decisions conserning his or her health or safety and/or property, therefore is in need of a guardian and/or conservator.
Conservators must be bonded for the value of all income and personal property of the adult and will be required to file yearly status reports.
In both minor and adult guardianships/conservatorships, all adults 18 years old or older living in the home with the minor or adult must submit to a background check.
There are court costs and fees which must be paid in connection with any guardianship and/or conservatorship.
Other helpful information: