DMR.1.7.010 Petition for 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, including persons with an interest as defined in Section DMR.1.2.010(u) of this ordinance, the Children's Court may appoint a guardian for a child who is without both parents or whose parents are unable to care for the child. Except when the petitioner is a person with an interest in the child as defined in Section DMR.1.2.010(u) of this ordinance, 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 subchapter, it finds will help protect the child's interest.

(b) The Children's Court may appoint a guardian of the child to exercise custody and the power to make daily and major decisions of importance to the child's health, education, support, and welfare, regarding any child as who has no living parent or whose parents are unavailable for reason of incarceration or commitment or otherwise unable to care for the child. 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 but may act as custodian with regard to ordinary property in the child's possession.

(c) The Children's Court may appoint a guardian of the child's estate to conserve the assets, income, and financial interests of any child who has no living parent or whose parents are unavailable for reason of incarceration or commitment or otherwise unable to care for the child. Such a guardian shall be known as a "guardian of the child's estate." A guardian of the child may be appointed 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 of the proposed guardian or guardians.

(2) The reason guardianship is sought.

(3) Whether temporary or permanent guardianship is sought.

(4) Whether a guardian of the child or a guardian of the child's estate or both is sought.

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

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

(7) A statement as to how the child has become, or will become, eligible for guardianship.

(e) Upon receiving for filing a petition for guardianship, the Children's Court may appoint a guardian ad litem for the proposed ward.