Our free publications can help you with the law. I used to live with my family in China, but my mum send me to America when I was 14 year old. you're not a guardian and you don't plan to become a guardian. As long as the minor is provided for and there is a legal guardian. It isn't that it would be unheard of or that you (the 18 year old) cannot be assigned. You may be making a decision which has to last 18 years into the future. on our. Always consider friends as well as family when you are thinking about choosing a guardian. You are very young yet - but it isn't impossible. Can a grandparent enter into an agreement with the legal guardian (parent) using a private agreement in case the school asks for a guardianship document or in order to access health care for the child? The state sets limits on the age difference between consenting minors. The first alternative is to choose the best guardian for right now, but resolve to change it is circumstances change. I need legal advice. I need legal advice. Assuming there is parental consent and consent of the relative they are living with, does the 17 year old need a legal guardian? When you use an interactive service like LegalWills.ca you are are able to enter your family details including the age of your children. If the worst were to happen and you don’t have a named legal guardian, the courts may appoint someone on your behalf. A parent can be removed as guardian by agreement or court order. A step-parent is not a guardian unless the court has appointed them guardian of the child. I'm 15 and both of my parents are undocumented. If you need to become legal guardian for a loved one, it is important to hire counsel who is experienced in elder law and estate law. The guardian can work with the trustee to release funds for the benefit of the child. There are several things that change when youth turn 18: 1. This really isn’t something that anyone ever wants to think about, but it is one of the most important decisions that you need to make. Voluntary Guardianship of a Child. 17 year old does not wish to reside with natural parent anymore. Keep in mind that you do not need to be guardian in order to be the primary person in his/her life. Or perhaps your sibling really doesn’t want to take on your five-year-old. hiya no you … The Trustee will also be given the discretion to hand the trust to the guardian if they feel that this is the appropriate course of action. The minor (16 at the time) is responsible for a car accident, and this is the reason for the subpoena. However, you really don’t want to leave something so incredibly important to chance. Legal guardians can take over custody without termination of parental rights. Reasons Grandparents Can File for Custody of Grandchild Maintained by the Legal Services Society, BC, Canada. However, making a Will and appointing a guardian is essential for everyone. Yes, and doing so is good planning. How old are the candidates? Do not put off the decision because you do not know how to choose a guardian. Duties and Powers of a Guardian of Property This document explains what being a Guardian of Property involves, what things the Guardian is allowed to do and what steps must be taken by the Guardian to meet his or her obligations to the incapable person. They can't become a child's guardian just because someone puts it … Guardianships for minors can be granted if parents voluntarily request appointments because they are unable to care for their children. file an application to get a family order in either Provincial or Supreme Court, and, First you need to decide whether you’ll apply to. Can a 17 year old own a gun, or does it technically belong to his/her parent/guardian? Choosing a guardian for a five-year-old is a very different matter to choosing one for a teenager. If you were old enough to pick your legal guardian, you wouldn't need a legal guardian. If your children are not adults, then the service prompts you to name a guardian for the children. You may not have a relative who is of parenting age. My cousin who soon will be 17 needs to know if she needs a legal guardian to be going to school? Would they need to move hundreds of miles to an unfamiliar area? When children are under the age of majority, their guardians are responsible for caring for them and raising them.. Usually, a child's parents are their guardians.. If your children are already at school, they may have to change schools if they needed to move to live with a relative. You cannot leave something to one person for the benefit of another person. First, a court would see this as probably not the best thing, either for the 16 year old OR the 18 year old, and may overturn the decision. The guardian would have access to the trust, but only through the trustee. .cls-1,.cls-2,.cls-4{fill:#fff;}.cls-1{clip-rule:evenodd;}.cls-2{fill-rule:evenodd;}.cls-3{clip-path:url(#clip-path);}.cls-5{clip-path:url(#clip-path-2);}.cls-6{clip-path:url(#clip-path-3);}.cls-7{clip-path:url(#clip-path-4);}.cls-8{clip-path:url(#clip-path-5);}.cls-9{clip-path:url(#clip-path-6);}.cls-10{clip-path:url(#clip-path-7);}.cls-11{clip-path:url(#clip-path-8);}.cls-12{clip-path:url(#clip-path-9);}.cls-13{clip-path:url(#clip-path-10);}.cls-14{clip-path:url(#clip-path-11);}.cls-15{clip-path:url(#clip-path-12);}.cls-16{clip-path:url(#clip-path-13);}.cls-17{clip-path:url(#clip-path-14);}.cls-18{clip-path:url(#clip-path-15);}.cls-19{clip-path:url(#clip-path-16);}.cls-20{clip-path:url(#clip-path-17);}.cls-21{clip-path:url(#clip-path-18);}.cls-22{clip-path:url(#clip-path-19);}.cls-23{clip-path:url(#clip-path-20);}.cls-24{clip-path:url(#clip-path-21);}.cls-25{clip-path:url(#clip-path-22);}.cls-26{clip-path:url(#clip-path-23);}.cls-27{clip-path:url(#clip-path-24);}.cls-28{clip-path:url(#clip-path-25);}.cls-29{clip-path:url(#clip-path-26);}.cls-30{clip-path:url(#clip-path-27);}.cls-31{clip-path:url(#clip-path-28);}.cls-32{clip-path:url(#clip-path-29);}NF, Guardianship: Parenting time and parental responsibilities. A guardianship order gives you all the responsibility parents have for making decisions about a child until they turn 18. Your brother may have moved to Australia. Pro. If your possible guardians do not have children, would they really be able to juggle a career and a family? For example: The court is very careful about deciding who can be a guardian. You may think that your sister is the perfect person to appoint as a guardian, but she has three children under age five. The Extended Family Program might be able to help you if you want to look after a relative's or friend's child for a while because: Before you apply to become a guardian, see Temporary & Permanent Care Options for Kids and Teens in BC. The courts may also appoint guardians over the objections of parents if … They step into the shoes of a parent. I suggest that anyone under age 18 who leaves their legal guardians can be arrested by the police and returned home. Why we’ve decided to help Education workers, Writing your Will is the first step – how to help your Executor, Information Collection Worksheet for Qu�bec, The most comprehensive service on the market, Follow the simple step-by-step instructions, Save hundreds of dollars in lawyer's fees. The procedure for filing for guardianship, as well as the necessary forms and documents, can differ by jurisdiction, so consult with an experienced custody attorney if you are trying to gain custody of a sibling. Continue Reading. To get a Ministry of Children and Family Development check and Protection Order Registry background checks: Check back later to see whether the record checks have been filed. I'm 17 years old, and my only legal guardian just passed away. The procedure for filing a request with the court for custody, or even for putting agreed-upon custody terms into a court order, can vary by state. If you want your children to stay together, specify … However, you should not appoint someone without thinking about this question. Funded by My Guardian is a unrealated uncle. As mentioned above, the right to make legal decisions can include a wide variety of decisions. A child who is under the age of 18 years is called a minor. She does have a father but I am not sure if he is even on her birth certificate or not and she has not seen him since she was like 7 years old. The parents or legal guardians must prove the minor child will have the care and support they need during their stay in Canada. She recently passed away, but my grandfather says that because I'm 17, it wouldn't do any good for him to become my legal guardian since I'm turning 18 in January. both parents agree that one of them will no longer be a guardian. Choosing a guardian for a five-year-old is a very different matter to choosing one for a teenager. Find out more about us. It is an important question, but you can break down the process into steps to make the decision less stressful. Stop looking for perfection and you can take some of the pressure off about the decision of who to appoint. An 18 year old person has more rights, more risks and more responsibilities. 15 16 17. But other people, including siblings (brothers and sisters), can apply to court to become a guardian if they're 19 or over. Find out the latest about the law in BC on The Factum blog. the Ministry of Children and Family Development is involved with their family, you don't want their children to go into foster care, and. If the guardian that you appoint is not financially able to support your children with even the basics, any money that you leave to them may be used up very quickly. My 17-year-old sister has recently moved in with her 19-year-old boyfriend. Can a minor (17 years old) be served with a subpoena in California, or must the parent/legal guardian be served? The Court will take into account the child's preferences. For example: a 17 year old student moves away from home to live with a relative (different city) to attend school. Once a person is named as a guardian, they'll always be a guardian unless: a court order takes away their right to be a guardian, or both parents agree that one of them will no longer be a guardian. Our parents are in Mexico so she does not technically have a legal guardian here. Wondering how we can direct in the will that an payout annuity be set up for the guardian and minor children. If a parent is not a guardian, they can still have time with the child — contact — but will not have any parental responsibilities. It would then be kept in trust and managed by a trustee. If the worst were to happen and you don’t have a named legal guardian, the courts may appoint someone on your behalf. Can I become the legal guardian of a 17 year old when I am not the natural parent? 11 Answers. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window). Later on in the service, you have the opportunity to set up a Trust for each minor beneficiary. You also need a … I want to become legal guardian of a 17 year old relative as her mother is abusive. Guardians are the people responsible for: When parents live together, they're both guardians of their children, even if they're not married. A guardian may be ordered for a child who needs a legal caretaker. The registry will then give you copies to attach to your affidavit so you can submit your application. A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward. The petition should cite the child’s name, age, place of residence and mailing address, as well as the name of the individual who currently has custody of the child. 1 decade ago. Yes you need a legal guardian till you turn 18. It involves thinking about your own mortality and most people want to avoid this at all costs. You'll see references to "your spouse" and "your ex" — this just refers to the other party in your case (usually the parent(s) or current guardian(s) of the child you want to be guardian of). None of this material may be commercially reproduced, but copying for other purposes, with credit, is encouraged. Your email address will not be published. There are a couple of solutions to think about if you really cannot decide how to choose a guardian right now. They're lawyers Legal Aid pays to help people with lower incomes with their family law matters. Notify me of follow-up comments by email. Do not appoint someone with a one-bedroom apartment to be a guardian for your four children without thinking about the consequences! Will they most likely be in good health until your children reach adulthood? With this approach, the needs of the child are addressed, but there is also accountability between the guardian and trustee. You can so easily avoid this problem by appointing a guardian in your Will. In the application that you submit to the court, you'll need to include a form called the special affidavit (Form 34 if you're applying in Provincial Court and Form F101 if you're applying in Supreme Court. I am looking into guardianship of a 16 year old girl who will be 17 in August. This has the disadvantage that you actually have to take action to change the appointment. Favourite answer. If the child has extensive medical or other needs due to incapacity or illness, the court may authorize the guardianship beyond the child’s 18th birthday. Able to work with consent of parent/guardian. In fact, most legal guardianship arrangements are set up by caregivers who are family members. It is likely that no one will be the perfect guardian, just as you probably aren’t the perfect parent! These will help you with the decision of how to choose a guardian. This is definitely not something that you want to leave up to a judge to decide. The funds can be used to help the child when they are still young, but with a view to protecting the assets in the trust so there is something left for them when they become old enough to receive the trust outright. Once you've chosen a court, you need to start a family law case to get a new order. Before choosing a person to be a legal guardian you must be as sure as you can be that they are the right person and will be there for the child. My 17-year-old sister has recently moved in with her 19-year-old boyfriend. A custodian is optional for minors 17 years of age and older, but an officer can request one on a case-by-case basis. The correct approach is to leave the inheritance to the child. However if you are a minor, due to the limitations of contract law you would need a parent or legal guardian to countersign any application. Minors who will need an adult guardian will be 18 years old in the next year will need someone to make their personal decisions after they become an adult If you want the court order to go into effect when the minor turns 18, you must apply when the minor is 17. You may be making a decision which has to last 18 years into the future. ... My 17 year old daughter wants to stay and finish her last year of high school. I want to become legal guardian of a 17 year old relative as her mother is abusive. Any person, including a minor, who's interested in the welfare of a child can petition for a guardian to be appointed for the child. A legal guardian has the authority to take care of another person (a "ward"), such as a minor child, by serving as that person's primary caregiver. I suggest, however that most police will not waste time on a 17 year old who is in contact with the guardian as he was instructed by the police. It'd be much easier to apply for college if he was my guardian … The child reaches the legal age of majority, typically 18 in most states A judge determines that a guardianship is no longer necessary or beneficial for the child The sole purpose of the guardianship was to manage the child's finances, and the child's financial assets are exhausted. It is always difficult thinking about matters relating to your Will. No one likes to think of their own mortality. Legal Aid BC is a non-profit organization committed to helping British Columbians resolve their legal issues. Many people do not live close to family. Once a person is named as a guardian, they'll always be a guardian unless: See Guardianship: Parenting time and parental responsibilities for more information about this. Voluntary Guardianship of a Child In fact, most legal guardianship arrangements are set up by caregivers who are family members. To write a will, ask an attorney for help A parent may suffer from a chronic or progressive illness and expect not to be able to care for or make decisions for a child in the future. One option you have is to contact the police department in her city and yours and see how they would handle a situation like this. You can certainly also leave a bequest to the guardian as a lump sum. In case of the unfortunate event that you become unable to raise your children, you should establish a guardianship for your children with someone you trust. Elderly grandparents may have the skills needed, but not be able to carry out the duties of a guardian as they may not be in good health. The 17 year old has a biological mother and step father that are both abusive and no they would not be willing to give me guardianship of this 17 year old. Asked by Wiki User. This means they share responsibility for their children's care and upbringing. Do the people on your short list have children of their own? You may be making a decision which has to last 18 years into the future. By next friend, representative, or guardian ad litem (R. Civ. Those may be some of the things they look at. A person who's not a parent can become a guardian only by court order or under a will. You can, just not legally. If you have something that can wait a day, go to a local walk-in clinic. Do not be put off by thinking that you do not know how to choose a guardian. Remember to attach your criminal record check as well. Maybe your sister doesn’t want to take on another couple of kids. 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