Guardianship

A guardianship is when a court orders someone other than the child’s parent to have custody of the child or manage the child's property (called "estate") or both. We have tried to answer the most frequently asked questions about the guardianship process.

Guardianship of the Estate

A guardianship of the estate is set up to manage a child's income, money or other property until the child turns 18. A child may need a guardian of the estate if he or she inherits money or assets. In most cases the court appoints the surviving parent to be the guardian of the child's estate. In some cases the same person can be the guardian of the person and of the estate. In other cases the court will appoint two different people.

Guardianship of the Person

In a guardianship of the person, the guardian has the same responsibilities to care for the child as a parent would. That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make. A guardian can be anyone; relatives, friends of the family or other people suitable to raise the child and can ask to be legal guardians.

Have further questions?

Book an appointment to discuss your guardianship needs further.