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  • Writer's pictureWarnock Law Group

Everything You Should Know about Guardianship Agreements

No parent wants to leave their children in someone else’s hands, but sometimes that’s the only option. In unthinkable situations, you might be unable to take care of your children because of an injury or death. In that case, if you haven’t picked a legal guardian yet, your children could end up in child services, and as a result, the siblings might be separated.

However, you can avoid this by naming a guardian earlier; preferably someone who knows you, so you don’t encounter difficulties afterward. You can avoid unpleasant situations by hiring a guardianship attorney to help with your transition and ensure you have the necessary documents for the agreement.

What is a Guardianship Agreement?

Essentially, a “guardianship agreement” is a legal document that defines how you’ll transfer the care and responsibility of your child to another person. The parents usually create these agreements if something happens that would make them unable to care for their child.

Additionally, a guardianship agreement can either be incorporated as a will document in case the parents pass away or as a standalone document. Lastly, these can also be created for adults that have a mental disability or are incapacitated and need supervision.

Either way, the process can be lengthy and complex, especially if this is your first time going through these documents. That’s why hiring legal representation can facilitate your arrangement and guide you through every step.

If you’re from Fort Meyers, Florida, you can contact The Warnock Law Group – a team of attorneys who can help you draft and submit your guardianship agreement based on the guardianship laws in your area.

What Items Does a Guardianship Agreement Contain?

No guardianship agreement is the same because each parent has different requests. The form can change the terms of the agreement since states have unique guidelines for drafting one.

Still, there are some common items that a guardianship agreement involves, including the following:

  • The name of the child or adult who needs guardianship, both parents, and the person who will be named the new guardian

  • The longevity of the arrangement: temporary, permanent, or emergency guardianships depending on the situation

  • The specific purpose the agreement must fulfill and whether it should terminate after it’s achieved

Since there are many necessary things to form a guardianship agreement, hiring professional guardianship lawyers can provide legal representation regarding any challenges you might face and answer any questions.

Can You Challenge a Guardianship Agreement?

Certain situations may require you to reverse the guardianship agreement. However, this is a challenging process for many reasons.

Depending on the circumstances, the current guardian might’ve been abusive toward the child, or they’ve neglected them. In such cases, the court may cancel the agreement and start a new process to appoint another person as a guardian for the child.

Or another scenario is when one or both biological parents want to regain custody of their child. In that case, the court decides based on the child’s best interest. As a result, the court might choose to terminate the current agreement or seek another solution.

Whatever the situation, you must seek legal help whether your guardian doesn’t fulfill your requests or there’s something else you need to rearrange. For further information, you can find us at:

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

(239) 437-1197

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