Children require supervision, and they need an adult to make important decisions and provide care. When a parent is not able to care for a child, the court may appoint a guardian to take their place. The court may assign a guardian to a child based on the needs of the family. A guardian may be needed on a temporary or permanent basis. It is helpful to understand the rights and responsibilities of minor guardians.
What is a Guardian?
A legal child guardian is a person designated by the court who has the authority to make decisions about a child’s care or property. A child guardian does not necessarily have all the same rights as a parent. The court oversees the guardians while they are in authority. Guardians have the legal duty to make decisions that are based on the best interests of the child. A guardian may only be appointed through the court. Guardianship generally terminates when the child reaches the age of majority or when the court terminates the guardianship.
Types of Minor Guardianships
There are four main types of minor guardianships in Wisconsin. Each type meets specific needs based on circumstances. Generally, guardianship does not terminate the legal rights of parents. Parents and guardians may have different rights depending on the factors of the situation.
Full Guardianship
A full guardian takes over all the legal responsibilities for the child and makes decisions on their behalf. Decisions may be related to education, health care, and more. The guardian protects the child and also can discipline the child as necessary. Full guardianship may be necessary, for example, when both parents are no longer alive or when they are otherwise unable to care for their child on a permanent basis.
Limited Guardianship
Limited guardianship applies when the court assigns only some specific authorities to the guardian. The parent retains rights over the child based on the court order. The court will review the needs of the child and determine the extent of guardianship needed. Typically, the court will protect the rights of the parent as much as the case will allow. The parent will handle some matters while the guardian will handle others.
Temporary Guardianship
Temporary guardianship is when the child needs to be in the care of someone other than their parents for a short period of time. This may be necessary, for example, if a parent becomes incarcerated or when they enter into a substance abuse rehab facility. Once the need is over, the parent takes over.
Emergency Guardianship
Emergency guardianship provides a fast way to provide children with a guardian. This may be needed in cases of child or domestic abuse, for instance. Emergency guardianship is temporary. The court will schedule a hearing later to determine whether a more permanent solution is required.
Powers and Rights of a Guardian
A guardian is appointed by the court subsequent to a particular need or request. The court provides the rights and responsibilities of a guardian at the time of appointment. Wisconsin law states, “The parent retains all rights and duties accruing to the parent as a result of the parent-child relationship that is not assigned to the guardian or otherwise limited by statute or court order.” Therefore, a guardian only has specific rights as assigned by the court, and the parent still retains any other rights regarding the child.
If you have questions about guardianships, we are here to help. Call us today at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online for more information and to set up a consultation.