When parents are not capable to provide the necessary care to their minor child because they suffer from a mental or physical illness for example, a third party can be appointed by the Court to become their guardian and have custody of the child, manage the child’s property (guardianship of the estate) or both. In general, these cases are brought to the court by the person seeking to be appointed guardian or by someone else in the family asking the court to appoint a guardian.
In most cases, the child is living with an adult who is not his parent and that adult needs a court order to make decisions on behalf of the child.
A guardianship is really different from an adoption procedure as the parents still have rights and the court supervises the guardian. Also, the court will be able to end the guardianship if the parents become able to take care of the child again.
There are two different types of guardianships.
The guardianship of the person means that the guardian would have the same responsibilities to care for the child as a parent would. The guardian becomes responsible for food and shelter; safety and protection; physical and emotional growth; medical and dental care and education and any special needs of the child. The guardian will also be responsible of supervising the child meaning that he/ she can be liable for any intentional damage the child may cause.
The guardianship of the estate might be needed if the child received valuable property like a house or a large amount of money for example. The court could appoint the guardian of the person to be the guardian of the estate as well or a different guardian. The guardian will have to manage the child’s income, make smart investments and manage his property carefully until the child turns 18.