What Is Massachusetts Child Guardianship?
In Massachusetts, when a child's caregiver is sick or can no longer offer adequate care, that child may be given over to a guardianship. A guardian takes over the role of caregiver, but does not possess the child's biological rights. In the United States, guardianship laws can differ between individual states on issues of the guardian's role. Massachusetts, under its General Laws, has set standards for when a guardian is granted and what that specific role is.
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Function
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Massachusetts General Law, Chapter 201 Section 1, states that a court may appoint a guardian to minors, the mentally ill, those unable to communicate or make decisions due to a physical deformity or illness and conservators of property not able to make decisions due to a mental illness. A child who is appointed a guardian must either live or have property in Massachusetts. In every case brought to court, as Boston Divorce Lawyer states, the top priority is the interest of the child.
Types
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According to Sternberg Law of Boston, there are four types of situations in which a guardian may be granted. The first, guardianship of a minor child, is prevalent in cases of a court granting legal guardianship to the relatives of a child or children. Adult or elderly guardianship is granted when a person is diagnosed with a mental or physical illness. An adult child may be put into a guardianship if he is developmentally disabled. A Roger's guardianship is granted to a group that wants a decision making role in the medical treatment of a child.
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Time Frame
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For any type of guardianship, there are two possible time periods of stay. A standby or limited guardianship is designed to assist biological parents, who for reasons of financial obligations, sickness or illness, cannot properly care for their child. Massachusetts General Law 201, Section 2b, states that a parent or parents may grant, in writing, a specific person to act as a standby guardian. A permanent guardian is given to children who cannot return to their biological home without difficulty. The biological parents of a child in permanent guardianship cannot ask the court for custody.
Role
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A guardianship investigator, under the Massachusetts standards, is responsible for questioning whether the best interests of the child are being met, what are the advantages or disadvantages of removing the child from the present caregiver and what is the physical or mental fitness of the parent and the paternity of the child.
Significance
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According to the Adoption Network, the first limited or standby guardianship laws were a reaction the AIDS crisis. A parent, diagnosed with an illness but not yet incapacitated, could set up a guardian to handle the care of a child. If the parent is hospitalized, the child remains in the care of the guardian. But if the parent makes a full recovery, the guardianship can be revoked. During an illness, the role of caregiver is removed from the sick person, while biological rights remain intact, and the child benefits from physically or mentally able care.
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References
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