Ward of the State Related Legal Questions

When an individual is put under a protection of a legal guardian, this is also called a Ward in Law. In United States the court might obtain liability for protection of a child and this is then also called a Ward of Court or a Ward of the State. When someone becomes a Ward of the State, it brings along legal implications that can lead to questions about rights and obligations. Listed below are the top five ward of the state questions answered by Family Lawyers on JustAnswer.

What is the definition of a ward of the state

Some states use "ward of the state" synonymously with "ward of the court", usually referring to a foster child in the custody of a public child welfare agency. In other states, however, "ward of the state" refers to individuals who are or were incarcerated. Incarceration does not make one independent. One needs to be careful to distinguish between "confinement" and "legal custody", as the two are different concepts that should not be confused.

When a ward of the state becomes 18 can they sue the county/state for an adoption that wasn’t approved ?

In most situations this would not be possible, because unless the individual can provide legal evidence showing that the party took an enticement of some sort to avoid an adoption or was bribed into the adoption, it might be difficult to establish any unlawful or illegal activity.

If someone has a son that’s 17 and refuses drug rehab for his problems, can they make him ward of the state so the son can get the help that he needs?

It’s not up to the parents or legal guardians to make the child a ward of the state. The adolescent would have to be considered an out of control teenager by the state or a young adult that seems to be a menace to self and/or others. Before the state can put the child in the state’s custody, the teenager would typically have broken laws and shown that there is no hope for change other than being made a ward of the state.

If someone was a ward of the state, but is now deceased, how long would their probate take?

If there is an undersized estate (fewer than $100,000) then probate actions in the state of California and several other states can be simplified. In order to do this the executor would normally need to inquire with the local probate court to utilize the basic process and apply for a written request. California also has a course of action that allows heirs to pass up probate when it’s less than 100,000. The length of probate varies depending on each individual situation.

In the state of Colorado how does a parent lose parental rights and how does a child become a ward of the state?

If a parent misses a court arrangement or scheduled hearing regarding the child, the parent may lose parental rights and the child may at that point become a ward of the state. Many times, if the child is found to be so unruly or out of control and it looks as if state custody is in the best interest of the child, the court may seek appropriate action and place the child in the state’s care. Laws regarding making someone a ward of the state can be a sensitive subject and there are many reasons that children and adults could become wards of the state. Many parents and legal guardians have questions about the legal aspects of becoming a ward of the state. If you have a question, you can turn to Family Lawyers on JustAnswer.