What is guardianship law?

In Maine, guardianship law is a set of legal rules that provide for the care of a child in the event that both parents are unable to provide adequate care. It is important to understand that guardianship is different from adoption. Guardianship does not terminate the rights of the parents; instead, it gives another person the legal right to make decisions, provide care, and act on the child’s behalf in legal matters. The court must grant guardianship to an individual, usually an adult family member or other person close to the child, and the individual must accept and pass a criminal background check. The court will also provide the guardian with a list of responsibilities, including providing for the child’s physical and emotional needs, physical custody of the child, educational decisions, and more. In addition, the court may set a budget for the guardian to use for the child’s care and any costs associated with the care. Parents may be able to regain custody of the child under certain circumstances, and the court can also terminate a guardianship. Guardianship is meant to be a temporary arrangement until the parent(s) are able to take responsibility for the child again. The court will carefully consider any requests to terminate guardianship in order to ensure the best interests of the child are taken into consideration.

Related FAQs

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