How does a court decide to appoint a guardian?

In New York, the court considers a variety of factors when deciding to appoint a guardian for a minor. Factors taken into account by the court may include the child’s age, the parent’s mental and physical health, and the child’s best interests. If the court determines that the child is in need of a guardian, the court may appoint a family member, such as a parent, or a non-family member, such as a social services agency or a professional guardian. Generally, the court will select the person who can best meet the child’s needs, can offer stability, and has the best relationship with the child. After the guardian is appointed, they will be responsible for the child’s health and medical decisions, educational decisions, and various other decisions. The court also looks at the financial matters of the guardian at the time of the appointment. The court will consider the guardian’s income, assets, and resources, as well as any arrangements or commitments that will help ensure that the guardian is able to adequately care for the child. Should the court determine that the guardian is not able to meet the child’s needs, the court may select a different guardian or terminate the guardianship. The court may also appoint a monitoring agency to ensure that the guardian is properly caring for the child.

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How does a court decide to appoint a guardian?

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