Legal guardians have custody of children and the authority to make decisions related to the protection, education, care, discipline, etc., of the child (ren).
Legal guardianshipis assigned by a court, such as the family court, in accordance with state laws. A guardian may have guardianship over the person of the conservatee, or over the conservatee's assets, or both. Often, the guardian of the ward person can change the ward's residence, control the ward's medical care and the ward's education.
Often, the guardian of the conservatee's assets can (as the term implies) control the ward's finances and income, and can buy and sell the ward's assets. However, courts can specifically define the powers of a guardian in each individual case. Oklahoma's guardianship statute states: “A guardian has powers only over the person or property of the ward, or both persons and property, as ordered by the court. Guardians and parents have their own roles.
Just because the child has a guardian does not mean that the parent has no rights. If the conservatee has children, the guardian cannot consent to the termination of the conservatee's parental authority. This manual describes the rights and duties of guardians in much more detail than is possible in a blog post like this. Because parents have a constitutional right to custody of their children, guardianship of a minor can only last if both parents are unfit.
Recent trends in law and practice reflect the idea that courts should eliminate only those rights that the adult cannot manage (i. While a guardian may voluntarily admit to the ward at a developmental center or psychiatric hospital, without the prior approval of the court, the court may review the admission later, upon request for release by the Ohio Legal Rights Service or the individual. Unless a court specifically rules, after a hearing, that a person is incompetent to vote, the person retains the right to vote even if he or she has a guardian of the person and the estate. If you have been appointed a legal guardian, whether of a child or an adult, you have very important rights, but also very important duties.
Since creating a guardianship may deprive a person of some personal rights, certain steps must be taken before a guardian is appointed. The person, or anyone concerned about their rights, can ask the court to request that the guardianship be terminated, or at least that it be amended to recover some of the rights. Just because a guardian spends money on the child does not mean that he has more rights than the father or mother. When considering the daily care of the child, the guardian may have the right to override the parents' wishes.