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For children who have been in care 12 of the last 22 months, a TPR petition must be filed unless there is a compelling reason not to do so (refer to Permanency Planning Policies And Procedures). For children who have been abandoned for 4 months, a TPR petition must be filed within 14 calendar days.

WHO CAN BE GUARDIAN FOR A CHILD? The Probate Court may appoint any person who will act in the best interest of the minor. However, if the minor is 14 years old or older, the minor's nominee must be appointed unless the appointment is contrary to the minor's best interest. Also, a parental nomination has priority.

Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child. In some circumstances, a court may suspend or terminate a parent's rights.

There are several major differences between a durable power of attorney and a guardianship/conservatorship, but the most significant is that in the former, you get to choose your agent, while in the latter, the court decides who will be entrusted with the decision-making on your behalf.

A Probate Court makes the decision as to whether a person is incapacitated when a petition is filed for guardianship. If a Probate Court believes a person has an impairment that causes him/her to be unable to make or communicate responsible decisions, then that court may appoint a guardian over that person.

Abandonment of the child. Mental illness or deficiency the parent, which renders them incapable of caring for the child. Drug or alcohol abuse by a parent. The parent has abused the child, or attempted to do so, or the child is in clear and present danger as evidence by the treatment of a sibling.