Finally, a guardianship agreement can sometimes be a stand-alone document or written in the form of an affidavit. Guardianship agreements can also be established for adults who also require supervision due to intellectual disabilities or disability. Guardianship means obtaining legal authority to make decisions for another person. A „guardian“ is the person appointed by the court to make decisions on behalf of another person. The person to whom guardianship is granted (the child or adult) is referred to as a „protected person.“ The agreement must be overseen by at least two persons at least 18 years of age and not related to the family. A witness cannot also be the person who tries to be the short-term guardian. There are essentially two types of guardianship that relate to children: the guardianship of a child himself („the person of the child“) or the property of a child. In October 2017, The New Yorker published an article on the situation in Nevada, in which professional legal guardians sometimes have a number of clients, arguing that in a number of cases, the courts did not properly monitor these agreements. [6] In 2018, the investigative literature „The Guardians“ was published, claiming „the legal abduction of the elderly“ in Nevada by unfamiliar private guardianship companies trying to profit economically from seniors` savings. [7] If you have custody of your children and you do not want the other parent to have custody if something happens to you, you can indicate it in your will and you can indicate who you want to have as your children`s guardian. However, the other parent may object and ask the court to have custody of the children.

As a general rule, the other parent obtains custody of the children, unless a judge decides that they are not an appropriate parent or that they cannot care for the children safely. You should speak to a lawyer for advice on this matter. In a guardianship of the person, the guardian has the same responsibility to take care of the child as a parent would. This means that the guardian has full legal and physical custody of the child and can make all decisions regarding the physical care of the child that a parent would take. A guardian can be anyone: relatives, family friends or other persons able to educate the child can apply to be legal guardians. The information in this section relates to the premise of the estate. These cases are invoked by the person who wishes to be appointed guardian or by another person in the family who asks the court to appoint a guardian. If custody of the minor has been granted to a non-parent by the Youth Court, this section does NOT apply. As a general rule, guardianship agreements are usually established by a child`s parents as a preventive measure in the event of a future event that leads them to stop caring for their child. The document will determine who and how to transfer the child`s legal responsibility and supervision to another person. At the same time, more than one adult can serve as a child`s guardian.