Probate Court is the proper forum to open a guardianship estate for a minor. A guardianship for a minor is required when both parents are deemed unfit, are unable to care for their children for any reason, or have died.
Similar in procedure to a disabled adult guardianship, the person who wants to be guardian files a petition with the Court, and a Guardian ad Litem (GAL) is appointed. The GAL is usually an attorney whose purpose is to be the eyes and ears of the Court. The GAL will meet with the petitioner and the child and then file a report with the Court. The judge then will, upon the recommendation of the GAL, either appoint the petitioner to be Guardian, or deny the petition. Once a guardian is appointed, the guardian must file an inventory with the Court and reports on a periodic basis, usually 1-3 year cycles, depending on who has been appointed guardian and how old the child is.
We at Chamberlin Little P.C. have worked as counsel for Guardians and as court-appointed GAL. We can help you complete your physical and financial reports so that you can focus your attention on caring for the child.