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I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

What kinds of decisions can a guardian make?

For many Massachusetts residents, the American ideal of the nuclear family is simply unrealistic. There are many reasons why a child may not be able to be raised in a nuclear family. Sometimes one or both of the parents pass away, there is abuse in the home, or the parents are simply unfit to raise the child. In such situations, it can be in the children's best interests to be raised by someone other than a biological parent.

When someone else is chosen to raise a child, that person is referred to as a guardian. A guardian can be a spouse, parent, other relative, or a private person or state employee. The appointed guardian is able to make decisions on a child's behalf. Just what decisions can a guardian make?

A guardian is able to give consent if the child requires medical care or treatment. What's more, a guardian can arrange education matters, deciding what school a child will attend. In addition, the guardian is able to handle the child's financial matters. This might mean simply handling finances or setting up joint bank accounts. A guardian can also be responsible for purchasing necessary items such as clothes, food, household products and other personal items.

When attempting to gain guardianship of a child, the legal matters involved can quickly become complicated. After all, it can be understandably difficult to convince courts that it is in the child's best interests to be raised by someone other than the biological parents. Thankfully, there are attorneys available who can help assist with this process. With an attorney at their side, it is often possible for Massachusetts residents to take the necessary legal actions in order to obtain guardianship.

Source: FindLaw, "Guardianship Basics," accessed on Nov. 16, 2015

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