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Included in most Permanent Guardianship Orders is an Order for Custody. Therefore, assuming Custody is also granted, a Permanent Guardian may exercise the same powers, rights and duties respecting the care maintenance and treatment of the child as a parent would.

It is opened in the Probate Court of the county of residence of the conservatee by filing an application naming the conservator. A hearing will be held to determine if the physical infirmity exists and whether the selected appointee is suitable to serve.

The emergency guardian serves for a short period of time to protect the ward against significant injury to the person and/or the estate, if appropriate. If an emergency guardian is appointed through an ex parte hearing the appointment is valid for a maximum of 72 hours.

There are three types of guardianships: Guardianship of an adult person, guardianship of an adult person's property and guardianship of the property of a minor child who is under eighteen.

A Guardian has the legal authority to take care of the child as if he/she were the child's parent until the child turns 18 years of age. Included in a Guardianship Order is a Custody Order. Therefore, a Guardian has the same legal authority to care for the child as a parent would.

Any person at least 18 years old may be the Guardian of a child. However, if you are not a relative (immediate family member, grandparent, aunt, uncle, first cousin, great-grandparent, grand aunt or grand uncle, half-brother of half-sister), the Division of Family Services must assess the placement.