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Limited Guardianship Questions

What is Limited Guardianship?

Limited Guardianship prevents the rights of a guardian, which allows an individual to retain some legal rights and freedoms. A Limited Guardianship will be able to apply for a job if the person lives alone and is able make the right choices for their self. For example, a person may be able to function on their own and can financially take care of needs that this person may have, but still isn't able to medically make the right choices to take care for themselves completely because of a mental illness.

If a person has Limited Guardianship while the parent is in prison; when the parent gets out of jail, what can be done to prevent the person from getting the child?

The person that has Limited Guardianship will have to go to Family Court and ask the court permission to allow that person to have full custody of the child. If the person gets full custody of the child, the biological parent will have to go in and apply for a private action in order to attempt to gain custody again of their child. There is not a guarantee that the person will gain full custody of the child; filing for full custody through the family court is an opinion.

If a person is in the process of getting Limited Guardianship of a minor. While filing for full custody where does that person write the names of people that has cared and custody of the child in the last 63 days?

When a person applies for Limited Guardianship of a minor, when the application asks about the identity of the people that have helped care for the child as well as the custody; all the names should be listed. Names should include people that have been babysitters, all family members that have watched the child, the biological parent, and state officials that had custody of the child at some point and time. Also, if the child stayed in the hospital within the 63 day time frame; this should also be included.

If a person gave up guardianship of a child 5 years ago. Does the person still have parental rights even if the other person with Limited Guardianship has stopped the communication? Can the person with Limited Guardianship legally prevent communication?

A guardianship can’t lead a person into losing Parental Rights. If the person has full guardianship or limited guardianship of the child this means the biological parent has given the rights over to the person for a certain period of time; while that person has had Limited Guardianship. In order for a person to give up guardianship rights; the biological parent will have to establish a petition to the court to for the guardianship. In order to establish a petition; there would be a need for legal assistance to help.

How can a person obtain a Limited Guardian ad litem for a sibling that is in a nursing home?

The Guardians ad litem can be awarded by the court system to help accommodate people that are mentally ill or disabled. Most state laws mandate that the court (and only the court) appoint a legal professional or proper official to be the Guardian ad litem to make sure that the interests of the disabled person is protected. The job of the Guardian Ad Litem depends on the area in which the guardian is assigned to serve and whether or not the person is a professional legal aid. There are different types of representation of children in court:
(1) the Child's Attorney
(2) the Attorney/Guardian Ad Litem and
(3) the Non-Attorney Guardian Ad Litem.

Limited Guardianship concerns people that are focusing on gaining full custody of a child or children. There may be questions that people may have concerning how to obtain custody. What are the procedures? Who should be contacted? Experts are here with the answers to those questions and more.
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