Family Law: What is the procedure for Guardianship for a disabled child?

Children with disabilities have a crucial need for a guardian that would make informed decisions for the welfare of the child. Since, it is a very critical responsibility; parents and the eligible guardians must understand the basic requirements for guardianship of  the disabled child in MN. Every state has different rules and regulations to file for guardianship of children with mental disabilities but the general requirements are quite similar. One must have the basic understanding of the process to be followed by knowing about the following things.

Guardianship for a disabled child

What is Guardianship?

Guardianship is a legal process by which a person is appointed as a guardian by the court to make decisions for the child that lacks the capacity to make decisions for itself due to mental or physical disability. It is a legal duty assigned by the court as per the request of the parents of the disabled child to provide their child with someone who can take care of it with wise personal decisions.

When Guardianship is required?

Parents/ families should consider guardianship when their child is mentally weak to make decisions and cannot communicate well about basic wants and needs. Also if a child is not mentally retarded but does not have money skills till 18, then it is also pertinent to guardianship. Parents or family members must understand that seeking guardianship through proper procedure is the legal requirement especially in cases of informed consent. Guardianship is usually taken prior to age 18 and only in special cases it is considered above 18. Hence one must get guidance from the guardianship lawyers in Minnesota if they are having any confusion regarding the decision to appoint a guardian for their child.

How to attain guardianship?

Once determined your child needs guardianship, you must file a petition in the court of the county of residence of the ward. The court then appoints an attorney to represent the ward and a court hearing is arranged for which the notice is issued at least 14 days prior to the hearing to the proposed parents/ family. The proposed ward is required to attend the hearing along with the protected child unless the child is not in a condition to attend due to medical reason for which a written statement must be presented from a licensed physician. After hearing, if the court finds that guardianship of minor child  is required then, an order is issued by the court and letter of guardianship is proposed which is a proof that the guardian of disabled child has the power to act on behalf of the proposed child.

If the child, for whom guardianship is taken, is under 18, then Article 17A is used under the county where the guardian lives. However if the child is above 18, then their home county must be used. One can simply request the Article 17A packet of Guardianship which includes all the guardianship forms of Minnesota  or if you do not have any general knowledge about the initial process, you can consider to schedule an appointment for the guardianship lawyers in Minnesota like Moore Family Law firm, which is one of the leading law firms to give legal advice on family matters in Minnesota.