What is Guardianship for a Minor

Florida Law provides that any person who is 18 years or older, except a person excluded by certain crimes can become a guardian of a child. The statute provides for other exceptions to becoming a guardian of a minor such as incapacity, illness, or if the court finds one to be otherwise “unsuitable” to become a guardian of a child.

An Atlantic Beach Guardianship Lawyer will meet with you at the beach, provide you with a questionnaire, and make a determination as to your suitability to become a guardian. A petition for appointment as guardian is filed with the Duval County Probate Clerk, and the case is opened. The natural parents must either give their consent to the guardianship or be found to have neglected or abandoned their child.

There are several documents that must be filed with the court before a hearing will be set in front of the probate judge. The person seeking to be appointed for the court must appear at the hearing. The minor does not have to attend the hearing, however, the unique circumstances of each case will dictate.

The appointed guardian may be required to attend a guardianship education class, however, there are instances when the judge will waive this requirement. A guardian in most instances will be required to file an annual guardianship report with the court.

Any guardian appointed for a minor becomes a “Plenary Guardian”. This means that the guardian has authority not only over the person of the minor, but over any property (assets) that may be held for the benefit of the minor
A guardianship remains in place until the child reaches the age of majority (18) or the natural parents petition the court to obtain legal custody of their children. If you or someone you know needs information about obtaining guardianship over a minor contact an Atlantic Beach Guardianship Lawyer today.

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