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Answering frequently asked questions about guardians

If you are ever named a guardian of a minor or you need to set up guardianship for your minor child, you should know some of the most basic information about this legal position. Today, we will answer some frequently asked questions about guardians.

Do I need to become the guardian of my own child?

There is a possibility that this could happen, especially if your child is gifted something via another person's will. Most wills require that a minor receiving a gift have a named guardian. Courts do not like giving parents of minors unrestricted access to money they are gifted for fear they will misuse that money.

I live with a child who is not my blood child, should I become the child's guardian?

The short answer is yes. If you will be caring for the child on a regular basis, it might be a good idea to look into becoming that child's legal guardian. It will definitely help with any health or legal issues that arise.

How does guardianship end?

Guardianship can end with any of the following situations:

  • The financial assets of the child are gone
  • It is determined by a judge that the guardianship no longer benefits the child or is no longer needed
  • The child passes away
  • The child reaches the age of adulthood

How is guardianship different from adoption?

A guardianship can exist in conjunction with the relationship between the child and their biological parents.

Guardianship is an important issue in the legal world that helps protect minor children. The information presented here is just the tip of the iceberg. If you have other questions, don't hesitate to seek the answers from experienced family law attorneys in the Fort Myers area.

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