1.25.240 Guardianship

(a) Upon petition by any person with a legitimate interest in the welfare of the child, including persons with an interest in the child as defined in Section 1.25.060(b), but excluding the child welfare coordinator, the Children's Court may appoint a guardian for a child who is without both parents or whose parents are unavailable for reason of incarceration or commitment or otherwise unable to care for the child. Except when the petitioner is a person with an interest in the child, the decision to allow a person to petition for the appointment of a guardian shall be in the Court's discretion. The Court may impose any restriction or limitation on the powers of a guardian, or condition its appointment on the guardian's performance of specified duties, not inconsistent with this chapter, it finds will help protect the child's interest.

(b) A guardian may be appointed to exercise custody and the power to make decisions of importance to the child's health, education, support and welfare. Such a guardian shall be known as a "guardian of the child." A guardian of the child may not manage the financial interests of the child.

(c) A guardian may be appointed to conserve the assets, income, and financial interests of a child, subject to a duty of disclosure and reporting to the Children's Court regarding such matters no less than annually. Any such order shall fix a date or dates for the filing of such reports and may require the posting of a bond or other conditions to protect the child's interests. Such a guardian shall be known as a "guardian of the child's estate." A guardian of the child may be guardian of the child's estate or separate guardians may be appointed.

(d) A petition for guardianship shall state:

(1) The name, residence, address, post office address, and date of birth of the proposed ward, the petitioner, and the proposed guardian or guardians.

(2) The reason guardianship is sought.

(3) Whether temporary or permanent guardianship is sought.

(4) The income and assets of the proposed ward.

(5) Whether any guardian of the proposed ward now exists.

(e) The summons shall include the time, date, and place of hearing on the petition, and the names of the proposed ward and guardian, the petitioner, and the petitioner's attorney, if any.

(f) The summons and petition shall be served upon any parent of the proposed ward and any current guardian of the proposed ward.

(g) The court shall appoint a guardian ad litem for the proposed ward, who shall be served by petitioner with a copy of the summons and petition.

(h) Any guardianship created under this chapter shall terminate upon the ward's eighteenth birthday.