Q&A

Are you a legal guardian as a parent?

Are you a legal guardian as a parent?

Guardians act as parents, ie it is their responsibility to raise and care for a child until they become an adult. The role includes making decisions that are in the child’s best interests and managing the child’s financial assets.

What is the difference between parent and legal guardian?

Parents are presumed to be guardians, provided they have lived with the child at some point since the child’s birth. A parent or other adult caregiver who is not presumed to be a guardian may apply to be appointed as a guardian. Only guardians have parenting time and parenting responsibilities with respect to a child.

Who are parents and guardians?

A parent is a one who gives their child everything or anything they want. A Guardian is someone who takes cares of the child and is responsible for their each and every activity. Parents automatically have legal authority for their own child. Guardians need legal authority to take care of a child.

Who is a legal guardian in New York State?

THE BASICS: BECOMING A LEGAL GUARDIAN IN NEW YORK STATE © CROSS-BOROUGH COLLABORATION/2002 1 A legal guardian is a person who has legal power to take care of a child. WHAT IS A LEGAL GUARDIAN? A Judge decides who that person is. A Judge decides who can make decisions for the child. A legal guardian is not the child’s parent.

Who is the legal guardian of a child?

In legal guardianship, the legal relationship between parent and child continues. The parent is still the child’s parent. The legal guardian is not the child’s parent, but only substitutes for the parent when the parent is absent, dies or becomes unable to act as the child’s parent.

Where can I get guardianship of my child?

This type of Article 17 guardianship can be filed in Surrogate’s Court or Family Court. A guardian for a child can also be named in the parents’ wills. If the parents die and a judge in Surrogate’s Court approves, then the person named in the will can become the child’s legal guardian.

What is the guardianship of an elderly parent?

Guardianship of an elderly parent is a legal relationship created by the court. It gives an individual the right to care for a person who is unable to care for themselves. The guardian is responsible for the welfare and safety of the senior.

THE BASICS: BECOMING A LEGAL GUARDIAN IN NEW YORK STATE © CROSS-BOROUGH COLLABORATION/2002 1 A legal guardian is a person who has legal power to take care of a child. WHAT IS A LEGAL GUARDIAN? A Judge decides who that person is. A Judge decides who can make decisions for the child. A legal guardian is not the child’s parent.

In legal guardianship, the legal relationship between parent and child continues. The parent is still the child’s parent. The legal guardian is not the child’s parent, but only substitutes for the parent when the parent is absent, dies or becomes unable to act as the child’s parent.

This type of Article 17 guardianship can be filed in Surrogate’s Court or Family Court. A guardian for a child can also be named in the parents’ wills. If the parents die and a judge in Surrogate’s Court approves, then the person named in the will can become the child’s legal guardian.

What is the Parental Responsibility Law in New York?

The Basics of New York’s Parental Responsibility Law. New York’s Parental Responsibility Law can be found at N.Y. General Obligations Law 3-112. Under this statute, parents and legal guardians are only responsible for the actions of their minor children.