Papers for legal guardianship3/17/2024 ![]() ![]() Like most legal matters involving children, the standard that the court will refer to when appointing guardians is “the best interest of the child.” The court will weigh many factors such as:Ībility of the proposed guardian to provide proper care They owe the ward a fiduciary duty to responsibly manage their propertyīoth of these roles can be separated, but both sets of legal responsibilities may also be given to one person. The guardian of the estate has the responsibility to maintain the minor’s financial or other assets until they are able to do so themselves. If the child’s parents are still living, they are legally required to continue financial support of the child. The legal guardian is in charge of the minor’s food, shelter, clothing, education, and medical needs. There are two sets of legal rights that may be awarded to a guardian:Ī guardian of the person has the responsibility to provide for the minor’s physical and personal needs, and has the right to legally consent on their behalf. A court has the power to appoint an adult guardian for a minor should their parents die, abandon them, surrender parental rights, or are otherwise unable to provide them with proper care. Requirements for Becoming Legal Guardian In South AfricaĪlthough anyone at any age might need a legal guardian depending on the circumstances, the most commonly thought of group is that of minor children. How to Become A Legal Guardian In South Africa In this way, parental rights override guardian rights. If any parents, or persons with parental responsibility, are still alive, guardianship will not take effect. Guardianship effectively transfers parental rights from the parent to the Guardian. It may not necessarily select the person whom that parent would have chosen.ĭoes guardianship override parental rights? If, tragically, both parents did die and had not identified who would be the children’s guardian, this appointment would be made by the Court.Ĭlearly, a Court will not know the children as well as the parent, nor will it know the nuances of their particular family. Why do I need to appoint a Legal Guardian in my will?Īlthough it is unpleasant to think about, parents should always consider who would care for their children if both of them were to pass away. It is often used as an alternative to adoption as, unlike adoption, the legal status of the birth parent is not extinguished by a Special Guardianship Order. Special Guardianship is slightly different as it refers to a Guardian who is appointed by the Court under the Children Act 1989. Essentially, a legal guardian assumes legal responsibility over another person.
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