Minor Guardianships

PLEASE READ BEFORE PROCEEDING

This information is not intended to be legal advice, but a brief explanation of the basic procedure that is required. Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance.

Power of Attorney

A Power of Attorney is a document signed by a parent that gives an adult the legal power to act on behalf of a minor according to the terms of the document. There is no court involvement. A Power of Attorney is active for a maximum of 180 days and can be revoked at any time.

Guardianship of a Minor

A minor guardianship gives an adult other than the parent the power to act on behalf of a minor. If a minor lives with an adult that is not the parent and no power of attorney has been signed by the parent, a Petition for Guardianship may be filed. An adult, or a minor age 14 or older, may file this petition.

Limited Guardianship of Minor

If a custodial parent wants to give another person legal power to act on behalf of a minor, he or she may file a limited guardianship petition. This petition can only be filed by the custodial parent or parents.

Petition to Terminate/Modify Guardianship of Minor

If a change needs to be made to the guardianship, a petition to modify the guardianship can be filed. If the guardianship is no longer needed, a petition to terminate the guardianship can be filed.

Annual Report

Each year, the guardian must complete an Annual Report to file with the Court and must mail a copy of this report to the parent(s) of the minor or if parent(s) are deceased, to the presumptive heirs of the minor. This report is due once a year. The due date can be found on the second page of the Letters of Guardianship.