Understanding Appointment of Guardianship of the Person and Estate
An appointment of guardianship of the person and estate is a legal process where someone is given the authority to make personal and financial decisions for another person, often a minor or someone unable to manage their affairs. This guardian acts in the best interest of the person (called the "ward"), ensuring their needs are met and their property is managed responsibly.
What Does It Mean to Consent to Such an Appointment?
When you consent to the appointment of a guardian, you agree that the person named as guardian will take on the responsibility of caring for the ward and managing their finances. For example, consenting as a parent might mean agreeing that someone else will make day-to-day decisions about your child’s health, education, and living arrangements, as well as handle their financial matters.
This does not mean you permanently give up your parental rights. However, the guardian’s authority can limit your ability to make decisions for the ward during the guardianship.
Your Rights as the Consenting Party
As someone who consents to a guardianship, you still have rights, including:
Petitioning for Modification: You can request the court to modify the terms of the guardianship if circumstances change.
Requesting Termination: If the guardianship is no longer necessary or appropriate (e.g., you are ready and able to resume responsibilities), you can ask the court to terminate it.
Monitoring the Guardian: You have the right to ensure the guardian is acting in the best interest of the ward and can report any misconduct to the court.
How to Withdraw Consent
You can withdraw your consent to the guardianship by filing a formal request with the court, explaining why the guardianship is no longer necessary or appropriate. For example, if you are now capable of caring for the person and managing their estate, you can present evidence to show you can meet those responsibilities.
The court will review your request and decide based on the ward’s best interests. Until the court grants your withdrawal of consent and terminates or modifies the guardianship, the guardian will remain in place.
Next Steps
If you have concerns or feel the guardianship is no longer appropriate, it’s essential to act quickly and consult with an attorney to help you navigate the legal process. This ensures your rights are protected and that the court hears your perspective.
What to consider if you want to withdraw your consent of the appointment of guardianship
If you object to a child guardianship appointment or withdraw your consent, you should consider factors like the proposed guardian's ability to provide for your child's needs, their character and stability, your current circumstances, the child's wishes (depending on age), potential concerns about the guardian's parenting style, and whether you have addressed any issues that led to the initial guardianship consideration, ensuring you can demonstrate your capability to parent effectively.