Guardianship Agreement

Guardianship Agreement: Everything You Need to Know

A guardianship agreement is a legal document that allows someone to take care of another person, typically a minor. This agreement is often used when a parent is unable to take care of their child due to health reasons or other unforeseen circumstances. In this article, we will explore everything you need to know about guardianship agreements and how they work.

Why Do You Need a Guardianship Agreement?

A guardianship agreement is essential when a child is left without a parent or guardian. This document outlines the person or persons who will have legal and physical custody of the child. In the absence of a guardianship agreement, the child may end up in the custody of Child Protective Services (CPS) and placed in foster care. Therefore, having a guardianship agreement in place helps to ensure that the child is placed with someone who is trusted and known to the family.

How Does a Guardianship Agreement Work?

A guardianship agreement is a legal document that gives a specific person or persons the authority to take care of a child. The document can be established by the parents or legal guardians of the child when they are still alive or by the court when the parents are deceased. The agreement outlines the terms and conditions of the guardianship, including how long it will last, the duties and responsibilities of the guardian, and how much control the guardian has over the child`s life.

Types of Guardianship Agreement

1. Informal Guardianship Agreement

An informal guardianship agreement is made between the parents and the proposed guardians. It is an agreement that is not court-ordered and is typically drawn up by the parents themselves. This type of guardianship agreement can be revoked at any time without the need for court intervention.

2. Formal Guardianship Agreement

A formal guardianship agreement is court-ordered and requires that both parents consent to the guardianship. The court will consider the child`s best interests, and the proposed guardian must meet the criteria for a legal guardian.

Steps to Establish a Guardianship Agreement

1. Identify the proposed guardian(s) and discuss with them if they are willing to take on the responsibility.

2. Contact a lawyer and discuss the options for establishing a guardianship agreement.

3. Create a written agreement outlining the terms and conditions of the guardianship.

4. Negotiate and finalize the agreement with the proposed guardian.

5. Submit the agreement to the court if a formal guardianship agreement is required.

Final Thoughts

A guardianship agreement is essential for ensuring that minors are cared for when their parents are unable to do so. It is a legal document that outlines the terms and conditions of the guardianship, the duties and responsibilities of the guardian, and how long the guardianship will last. It is always advisable to consult with a lawyer to ensure that the guardianship agreement is legally binding and will stand up in court if necessary.