Are the parents completely removed?
Probate guardianships do not terminate the parental relationship, and the guardianship may end when the parent can resume taking care of the child. Anyone may petition the court to be appointed as a legal guardian, such as an aunt, uncle, grandparent or friend of the family. Some parents may be surprised to learn that their child can petition the court to appoint a guardian. In addition, a parent can name a guardian for their children in the case of premature death by Will, or if the parent has a terminal illness. In the latter case, the court may appoint a joint guardianship, so that the guardian may provide for the child while the parent is still alive, and then take full custody upon that parent’s death without further hearing.