Probate Guardianships of the Person

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Probate Guardianshipsof the Person

• Self-Help Overview Course

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Welcome and Introductions
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Probate Guardianshipof the PersonNotebook
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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.

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Is a Probate Guardianship Needed?

• A probate guardianship may not be needed if
• Parents and caregiver agree on an arrangement for
  childs care.
• You only want to collect public benefits on
  behalf of a minor.
• A caregivers affidavit meets the need.

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Caregivers Authorization Affidavit

• Any adult caregiver may use to enroll child in
  school.
• A relative caregiver may use to authorize basic
  medical care.

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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.

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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.

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Who can start the process?

• A relative or non-relative
• A parent
• A child 12 or older

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Is a Guardianship of the Estate Needed?

• Not if money in blocked account.
• Not if childs property is worth 5000 or less.
• Not if child only receives public benefits.

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How long does the process take and how much does
it cost?
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Are You Ready to Become a Guardian?
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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

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Decisions About Residence

• Guardian decides where child lives.
• Guardian must tell court when you move.
• Guardian must get courts permission to move
  out-of-state.

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VisitationVisitation Scenario

• Maternal 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?

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Other Decisions

• Vacation
• Schooling
• Medical
• Therapy or Counseling

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What Questions Are You Asking Yourself?
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Ask Yourself

• How will the guardianship affect you and your
  family?

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Ask Yourself

• Do you have enough money?

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Ask Yourself

• What is the role of the childs parents or
  relatives, if any?

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Ask Yourself

• Can you fulfill your duties to the court?

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Becoming a Guardian
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Becoming a Guardian

• What forms are needed?
• Is a lawyer needed?
• How do I get a court date?
• What happens before the court date?

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Notice for Probate Guardianship Hearings
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What is Notice?

• Notice is when you tell the childs family and
  certain agencies that you asked the court to
  appoint a guardian.
• The law tells you who must get notice and how.

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You MUST follow the notice rules carefully!
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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.

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Who must get notice in person?

• Child if 12 or older.
• Any person with legal custody now.
• Parents.

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Who can get notice by mail?

• Childs brothers and sisters.
• Half-brothers and sisters.
• The childs grandparents.
• Guardian of the Estate or person nominated as
  guardian.
• Agencies

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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.

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Notice Scenario

• Paternal 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.

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What if I Dont 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.

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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.

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Emergency Situations
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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 guardians duties have an
  expiration date.

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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.

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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.

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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.

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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.

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Ending a Guardianship
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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.

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Who can Ask the Court to End a Guardianship?

• The child if 12 or older.
• The parents.
• The guardian.

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Termination Scenario

• Maternal 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.

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Resources
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