After your child’s 18th birthday, you are no longer his/her legal guardian, even if your child has a disability. According to the law, all persons 18 years old and older are presumed competent, that is, able to make decisions about health care, finances and other important areas of life.
How do I nominate my child for a guardian?
To appoint a legal guardian for a minor child, a parent must name the person (or persons) as the chosen guardian in their Will. It is sensible to approach the intended guardian/s before the parent makes their Will to ask the intended guardian if he or she is willing and able to take on the responsibility.
When does a child become a legal guardian?
In cases where the natural parent or parents of a child become incapacitated or unable to care for them, a legal guardian may be appointed for the child. Such legal guardianship arrangements often expire once the child becomes of legal age (18 years old in most states).
Can a married couple be joint guardians of a child?
Married parents of a child are joint guardians and have equal rights in relation to the child. The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act, 1964.
How are legal guardianship and child custody issues similar?
As for how legal guardianships and child custody issues may be similar, both subjects are primarily concerned with the well-being and legal protection of a child. Like the parents in a child custody arrangement, legal guardians can also be granted the authority to retain physical and legal custodial rights over a child.
What happens to the guardianship of an adopted child?
Once the child is adopted, they have new parents who are responsible for their well-being, and no longer need a legal guardian. In some cases, a judge may decide that the reasons for the guardianship no longer exist, and end the guardianship.
