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To appoint legal guardians for your children, you must name them as your chosen guardians in your Will. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility.
If a child needs a legal guardian during a parent's lifetime, the parent or any other interested person must file a petition to have the court appoint a guardian. If you're not the parent, you can file a petition requesting that the court appoint you as the child's guardian.
Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.
To do this, the person you nominate will need to file a Petition for Appointment of Guardian with the Probate Court, notify certain persons and agencies, and attend a court hearing. Although the probate court will take into account your wishes, other people will also have the opportunity to request guardianship.
How do I get a guardianship for a child? You will need a lawyer to ask a judge to appoint a guardian. Parents and the people taking care of the child must be told when someone is trying to get a guardian appointed. A judge will order a guardianship without the parents' consent only in limited circumstances.