Do you know about the guardianship laws for minors in the Ontario province? If you are someone who needs the guardianship rights of a child, you have to know about these laws in their depth.
Although, you must have the guidance of divorce lawyers for the guardianship. However, if you have the best family lawyer in the Ontario area, there is a good chance you will receive custody of the child.
The guardianship laws are just one part of our discussion, as you will know about the roles of the guardians and the procedure to apply for them in our blog. So, let’s begin!
What is the Role of a Guardian?
A guardian is a person who gets the right to make decisions on behalf of a minor who is not more than 18 years old. Some reasons why a child might need a guardian are:-
- Parents might be busy dealing with some difficult situations.
- The kid has inherited a large amount of money. Thus, there should be a trustee who will take care of the child just in case the parents cannot.
A guardian takes on a great responsibility as there is a need to shield the child and also to make choices on behalf of the little one. And just like that, caregiving becomes a long-term responsibility for the guardian.
What are the Guardianship Laws?
The guardianship laws are:-
- Any person who is 18 years or older can apply for the guardianship. Alternatively, the court shall pick the person who is suitable for the role based on the eligibility conditions.
- If an individual wants to take guardianship, he/she has to make such an application in a court of law. They will need to fill out forms declaring why they think they are the ones capable of handling such a huge task as parental care.
- Once the individual is appointed as a guardian, they are now legally entitled to offer the best care, education, and upbringing to the child.
What are the Responsibilities of a Guardian?
The responsibilities of a guardian are:-
● Providing a stable environment
It is a crucial responsibility of a guardian. They should provide a secure place for the child to prosper. This includes a basic house and a peaceful environment for the child.
● Meeting the needs of the child
A guardian needs to ensure that they meet all the requirements of the child. They must meet a child’s basic needs, at least. This includes a child’s access to nutrition-rich food, good clothes, and healthcare facilities.
● Educational support
A child’s basic rights include their right to education. So, a guardian has to provide them with good quality educational support. Moreover, the guardian has to see to it whether the child is going to school regularly and has the essential educational resources.
● Managing all the finances
In case the child has inherited assets, it’s the responsibility of the guardian to manage them. This can involve setting up a trust and making a proper budget regarding the inherited money of the child.
● Deciding on legal and medical aspects
A guardian can decide on the legal and medical aspects related to the child. This involves written authority for medical procedures, admission to a school, and even legal representation of the child.
● Giving emotional support
There are many responsibilities of a guardian and it involves giving emotional support to the child. If they are going through stress due to school matters, friendship issues or other situations, a guardian needs to be kind and help the child.
● Prioritizing the child’s best interests
The guardian has to guarantee that the child is not only protected but also provided with care and attention. Those things include ensuring their safety and providing them with fabulous opportunities for growth.
Procedure for establishing guardianship
The procedure for establishing guardianship is as follows:-
- First of all, assess the requirement of the guardianship for the child.
- Get guidance from legal experts to understand the whole process.
- Hire a fine lawyer to file a petition. This petition has to list the probable reasons for seeking guardianship. Moreover, the document should provide information about the child, their parents, and other details as well.
- When the petition is filed, attend the court proceedings of the case. This process may include carefully presenting and laying down the documents and evidence to prove that you are the right person to be the guardian.
- Particularly, the parents of the child who are alive should be sought for their consent to get the guardianship of the child. Yet, in other cases, the court might do the procedure without their consent.
- You are required to visit the court hearings that are organized in the guardianship case to be informed regularly.
- Follow the court orders upon becoming a legal guardian and always comply with the judge’s instructions.
Wrapping Up
Being a guardian and making sure the child’s best interest is the number one priority for a guardian. By grasping the guardianship laws and the legal way of getting the guardianship rights of the child, you’ll get the guardianship rights. Fulfill all the responsibilities of a guardian to have a great impact on the child’s life.
