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This depends on whether there is a family member who is willing to act as legal guardian. If no family members available then the child is placed on foster care.

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Any person who is willing to step in and act as the parent of the child can be appointed as long as they are of legal age. It could be a relative, friend's parent, caring neighbor, older sibling, grandparent, aunt or uncle or some other person who is interested in providing a home for the child. A prudent parent can name a guardian in their will for their minor children and the court will be more likely to appoint that person if they are willing.

Anyone who wants to be appointed as the legal guardian can petition the court. The court will have the situation reviewed by court appointed professionals who will report back to the court with their recommendations. If it is determined the guardianship is in the best interest of the child the person will be appointed.

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11y ago
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8y ago

The guardian must be appointed by the court. If the parents have left a Will that names a guardian the court will consider that person first. If not, any family member or close friend who petitions will be considered. In the case of a child who inherits an estate the court may give control over the property to the same guardian. In the case of a large estate with substantial assets, the court will set up a trust to protect and administer the property in the best interest of the child. The details depend on the laws in any particular jurisdiction.


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Q: How is a legal guardian of minor appointed after parents' death?
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Parent's legal responsiblity for grandchild born to underage mother?

In the case of underage parents a legal guardian must be appointed. Very often the grandparents will be considered and appointed if the court finds that to be in the best interest of the child. Grandparents are not held legally responsible for their grandchildren.


Can you leave another state without a guardian's consent if they don't have custody of you and the person you are going to see does have custody of you?

No. A legal guardian is appointed by the court to oversee the welfare of a minor until said minor reaches the legal age of majority or the court rescinds the guardian order or the guardian askss to be reieased from the obligation. A legally appointed guardian's custodial powers supercede that of the biological parents. Furthermore, the guardian would need permission from the issuing court to allow the minor to leave the residence for any extended period of time especially if the minor is leaving the state of residency.


Your niece lives with you but you are not her legal guardian can you help her sue her father for child support she is 15 and wants me to help her?

If you are their legal guardian, you can collect child support from both parents of the child. If you are not their legal guardian and they just live with you, you do not have rights to child support.


Can a collection agency collect for medical bills from a juvenile?

Yes, they can collect from the parents or legal guardian.


If a form states parent signature is it understood that a legal guardian may sign?

Yes, because legal guardians are basically you're parents since you're biological parents are not present.

Related questions

What is it called when a mother and grandmother has legal right of a minor child or can that be done?

Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.Either the biological parents have custody of a child oranother adult is appointed by the court as guardian. Generally, a court must remove legal custody from the parents in order to appoint a guardian. If the grandmother has custody she would be the legal guardian. Generally, parental custody and legal guardianship cannot run together.


Does custodial parent have to pay child support to guardian?

Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.


Does non custodial parent have to pay child support to guardian?

Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.Yes. If someone else has been appointed your child's legal guardian then you can be ordered to pay child support.


Is a guardian a parent?

No. A legal guardian is not a parent.No. A legal guardian is not a parent.No. A legal guardian is not a parent.No. A legal guardian is not a parent.


Can you get married at the age of 17 with a family members consent like an Aunt instead of a parents?

It has to be the legal guardian so only if your aunt is your legal guardian and not your parents. Only the legal guardian is responsible for you.


Who is a child's legal guardian?

The married parents, the parent with legal custody, or any other adult who has been appointed the legal guardian by virtue of a court order. In certain legal matters a parent may be required to be appointed a child's legal guardian in order to represent the child in matters of estate such as when a child inherits property or receives a monetary award.


Parent's legal responsiblity for grandchild born to underage mother?

In the case of underage parents a legal guardian must be appointed. Very often the grandparents will be considered and appointed if the court finds that to be in the best interest of the child. Grandparents are not held legally responsible for their grandchildren.


What is a legal form of punishment for children?

Parents or another legal guardian of a child can use force up to, but not including death or child abuse to discipline a child


Can a guardian of a deceased developmentally disabled adult act as legal representative for the idividual's estate?

The power of a guardian is extinguished upon the death of the ward. The person would need to petition the probate court to be appointed the Administrator of the estate.


How do you change legal guardian of a 17yr old?

The person who wants to be appointed the guardian needs to petition the court. If there is already a guardian they should join in the petition, requesting a termination of their own appointment. If the child is under the custody of parents they should consent.


How do you pick your name?

You don't your parents or legal guardian does.


Who took care of Raphael sanzio after his parents died?

After his mother's death he lived with his stepmother for awhile. However his uncle Bartolomeo was his legal guardian.