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The guardian may have the authority to decide where and with whom the ward lives, what medical treatment the ward receives, how to handle the ward's money and property, how to resolve legal claims or court cases in which the ward is involved, and whether to enter into contracts on the ward's behalf.
The ward or the guardian can petition the court to terminate the guardianship. The petitioner must provide evidence to the court that: The guardian is no longer needed or wanted. Termination of guardianship would be in the ward's best interests.
5) How long does guardianship last? The individual under guardianship remains under guardianship until their competency is restored through court proceedings, or until they die.
Child abuse and neglect. Failure to pay child support while subject to a court order to pay child support for more than one year. Willful abandonment of a child to foster care for more than twelve months. The inability to properly care for the child due to a mental or physical incapacity.
Guardianship does not terminate a parent's rights, so sometimes a permanent guardianship that allows visitation with a parent is in a child's best interests. If the circumstances that made the guardianship necessary may change, a temporary guardianship may be more appropriate.
Incompetent adults have the right to vote and the right to marry. Under some circumstances, an incompetent adult may be able to make a will. Powers of attorney executed after a person is adjudicated incompetent and while under a guardianship are not valid.
Custody describes a biological parent caring for a child, but guardianship is given to someone other than a biological parent. In some cases, a child may even be under the guardianship of one person while in custody of a parent.
You must file a complete petition for guardianship with the Clerk of the Superior Court. Immediately following filing this petition, you must properly serve the allegedly incompetent adult, otherwise known as the respondent. You may also need to serve the respondent's closest family members.