Guardianship is a legal authority provided to a particular person to make decisions for another, often a minor child whose parents have passed away. There are many important duties of a child guardian in Atlanta, including responsibility for decisions about the child’s healthcare, residency, religion, and education.
The role of guardianship is designed to provide a safe and loving home environment to a child who has lost their parents, or whose parents are unable to raise a child due to unfitness or absence.
An experienced child guardianship attorney can help ensure your choice of a guardian is memorialized in your estate plan in the event that something happens to you.
Understanding the Role of Child Guardian
Guardianship arrangements are established to provide for the care and protection of individuals who cannot do so themselves, such as minor children. A minor is any individual under 18 years of age who is not emancipated under state law. Among the duties of a child guardian in Georgia is providing a home, food, medical care, and other necessities. The guardian must act in the best interests of the child and with undivided loyalty. Moreover, the guardian must avoid situations where their interests are at odds with those of the child. Guardians are barred from using the child’s property for personal gain or converting it for personal use.
Guardians are also required to file regular personal status reports with the court containing details about the child’s general condition and living arrangements. A guardian is commonly named for a minor child as a provision of a will or living will. However, a court can appoint one if neither document exists.
A person appointed as the guardian of a minor child in a will is known as a testamentary guardian. When the will is probated, letters of guardianship will be issued to the person nominated as guardian if no objection is filed or the nominated guardian is approved following an objection.
Powers and Duties of a Child Guardian
Child guardians in Atlanta or Georgia have many duties and responsibilities imposed upon them by state law, and it is important for a parent to understand what comes with this designation when they are drafting their will. A guardian’s authority over a minor is the same as a parent’s would have been, whether enrolling the child in school, obtaining medical treatment, or establishing the child’s residence.
Guardians have many powers and responsibilities afforded to them. They must take reasonable care of the minor’s personal belongings, and respect the rights and dignity of the minor. The guardian must attend to the support, care, and welfare of the minor on all matters, and be reasonably accessible to the child. The guardian is required to save any funds received on behalf of the minor for the minor’s future needs, and must manage any of the minor’s inherited assets on their behalf until they reach adulthood.
Testamentary guardianship terminates upon the minor reaching adulthood. Guardianship may also be terminated in several other circumstances, such as the emancipation or adoption of the minor, which is a court order that terminates the guardianship.
Discuss the Duties of a Child Guardian With an Atlanta Attorney When Creating Your Will
If you have named a person in your last will and testament to take legal custody and care of your minor child or children upon your death, you are giving them a tremendous responsibility. Sarah Siedentopf can ensure all necessary paperwork is filed correctly and can further explain the required duties of a child guardian in Atlanta.
If you wish to name a person in your legal will to take care of your minor child should you pass away, you should consult with our excellent estate planning attorney to ensure this is done correctly and with confidence that your child’s future is secured.
Do not hesitate to contact our office today to schedule your strategy session. We can conduct your virtual consultation over the phone or via Zoom as is convenient for you.
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