Which states are exempt from guardianship laws?
Arizona is the only state where an emergency guardian can take over the life of a child who is a ward of a court.
In a state where a person is deemed incompetent, the person is not a legal guardian and can be removed.
This means a parent is not the guardian and is not responsible for the child.
The person is referred to as a “temporary guardian” because they can take control of the child if they feel it is in the best interests of the person.
The state also allows a temporary guardian to stay on for longer than necessary.
Temporary guardianships are usually for up to three months.
The guardianship process can be complicated because a person can become uncooperative and the court has the authority to force a change in behavior.
The first step for a temporary guardianship is to obtain a temporary order of guardianship.
This is usually done by an attorney.
The guardian must get a judge’s signature.
The judge can then issue an order that a guardian is required to take over and live with the child for a period of time.
The order must be in writing and can set limits on what the person can do or cannot do.
The next step is to have the court sign a temporary agreement, which can take weeks to process.
If the guardian refuses to abide by the agreement, they can appeal the order.
Once the guardianship agreement is signed, the child is given the same rights and responsibilities as a legal parent.
The final step is for the parents to come to court.
This process can take several weeks to a few months.
An emergency guardianship order is typically used to make a minor child the guardian of the whole family.
This can be a life-changing decision.
When the parent is a minor, they may have limited financial resources and cannot be in direct contact with the children.
This makes it difficult to see a lawyer for an emergency order.