How do I become guardian of a child?

Apr 08, 2024

The death, disability, or other loss of a loved one is a difficult time for anyone, but none more than a minor child. While the adults are scrambling to pick up the pieces, they might forget there is a child left behind. And that child is experiencing more difficulty than anyone else may know or see. As a result, it is critical to attend to the child’s needs, which likely means pursuing a legal guardianship. 


What Is Guardianship?

Guardianship is a probate action that happens in the county where the child resides. Any adult can petition the local probate court for appointment. That person (1) needs to be interested in the welfare of the child, and (2) must believe they are best-suited to serve. However, if there is a signed guardian nomination, it gives the applicant first priority to serve. Nominations happen in Last Wills or by a separate guardian nomination form. If the child is age 12 or older, they must receive notice of the petition and also have a say in the outcome. Even though a judge will decide guardianship, an older child can tell the court their preferences and why. After filing, there are several steps to the case, including hearings.


A probate court must find that the applicant’s appointment is in the best interests of the child. If not, the court will look to another option. After the guardian's appointment, they will file a "care plan" with the court. This covers important plans about where the child will live and how they will receive care. Every year afterwards the guardian will file a report that updates the court about the child. And finally, when the child turns 18, the guardianship terminates. It is possible to appoint two guardians. It is also possible for guardians to live in another state when they make the request. If needed, a surviving child can relocate to live with guardians in another state.


What should I do next?

The initial pleadings and reports, as well as the hearings and evidence for appointment, can quickly overwhelm anyone. If you wish to become a guardian, you need a complete understanding of the process. The attorneys at Opfer | Campbell P.C. handle guardianships every day, and are here to provide you that assistance. If you have questions or need to begin a case, call us today for a consultation.

By Brittany J. Shultz 19 Apr, 2024
How do you know where to file your family law case?
By Ashleigh Beck 26 Mar, 2024
When consulting a family law attorney, what questions should you be asking?
By Brandon Campbell 15 Mar, 2024
Estate Protections Series: Part 3
By Brittany J. Shultz 04 Mar, 2024
What exactly is an annulment?
By Brandon Campbell 16 Feb, 2024
Estate Protections Series: Part 2
By Ashleigh Beck 12 Feb, 2024
Building a Stronger Future Together
By Brandon Campbell 08 Feb, 2024
Current Guidelines for Business Entities
By Brittany J. Shultz 25 Jan, 2024
What should you consider before retaining counsel?
By Brandon Campbell 09 Jan, 2024
Estate Protections Series: Part 1
By Brandon Campbell 28 Dec, 2023
Regardless of whether you ever complete estate planning, it is so important to identify your wishes about “last remains,” meaning what to do with our body after we pass away. Historically, our options were limited, but today you will find there are countless choices available. Whether your motivation is religion, the environment, or cost, there is an option for everyone! Below is a general explanation of the biggest categories, but new ones are still emerging. The Traditional Paths: Burial & Cremation What everyone knows already, burial involves the physical “interment” of our body, whether that means being buried in the ground or entombed in a mausoleum. Burial is usually the most expensive option, by far, so you want to ensure there is sufficient money to cover these costs when you pass away. As planners, we strongly recommend clients obtain “pre-need insurance” that covers these costs when you pass away. The main alternative to burial, cremation involves the disposal of a body by turning it into ashes. Cremation tends to cost much less than burial, and the “cremains” can either go to family / heirs or can be interred at a cemetery. Although cremation tends to cost much less than burial, we still recommend clients consider “pre-need” policies to pay these costs when you pass away. Body Donation If you would like your body to continue having uses after you pass away, a great option to consider is body donation. In Colorado, whole-body donations are governed by the Colorado State Anatomical Board, and this allows you to leave your body to various institutions (such as universities) for the purpose of scientific research. Importantly, you cannot simply designate body donation in a Will – you must register and qualify to donate your body after you pass away. Additionally, institutions have different rules, and there are potential costs associated with donation, so before you make any commitments, we recommend you have an attorney review the donation agreement. For more information: https://medschool.cuanschutz.edu/state-anatomical-board/faqs “Green” Burial & Body Composting “Green Burial” is an emerging option and can involve several different choices. At its core, this choice is “green” because the burial omits traditional steps such as embalming, and uses biodegradable caskets instead of wood or metal. Additionally, Colorado has numerous “botanical cemeteries,” which upends the traditional model of a cemetery in favor of a beautiful outdoor space. All of these different options allow you to receive a burial, but in a much more eco-conscious way. In lieu of a formal burial, but without a cremation, one choice available is body composting (a/k/a “Terramation” and “Natural Reduction”). In this process, our body is converted by microbes into soil, which is then returned to the earth. This process takes much longer than any others, typically 4-6 months, but is likely the most ecologically sound. Eco-Friendly Disposition of Cremains If you choose to receive cremation after death, but do not want to remain in an urn forever, there are numerous options for those cremains. New advancements allow us to convert our cremains into many forms, such as turning them into jewels, becoming painted into artwork, or even being tattooed onto a loved one. If we want to spread our ashes into the world, several state and federal regulations (including the EPA) limit our options. However, many eco-friendly choices are developing. For example, many people opt for “bio urns,” which are biodegradable urns planted in the ground, usually with seeds for a plant / tree. Then when the urn degrades, our ashes fertilize the seeds and our legacy lives on with nature. Alkaline Hydrolysis (a/k/a Aquamation) The last option, and one that is not available in many states, Aquamation is the alternative to cremation that does not involve fire. Instead, our body is placed in an alkalized water solution, which breaks us down into our most base components. Aquamation uses substantially less energy than traditional cremation and does not release harmful toxins into the air. Similar to body composting, Aquamation is the most eco-friendly method for disposition. Regardless of your preferences, please know there are many options available, but the most important thing is to tell your loved ones your wishes. One of the tools we provide, which you can find here , is a Memorial Services Memorandum that allows you to write down anything your loved ones need to know. If you work with our office, we will hold these records for you indefinitely and will provide them when needed. If you would like to speak with our offices about Estate Planning, please call us or submit an intake form through our website and our staff will be happy to assist you.
More Posts
Share by: