Negative Effects Of Guardianship

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Guardianship is a last resort for many parents. There are many reasons it is used. Drug use and inability to parent as well as military service are common reasons. Effects are drastic on children in these situations when being taken from their biological parents. Psychological hell can be wreaked upon children in these situations. Most are put into a better and more stable environment while others are not. Guardianship can have grave and negative consequences on both the children and biological parents.

Over the years, guardianship has had little written on it available to the public. It is not a widely talked about option for most families. It is often an option of last resort and a vast amount of legal
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Therefore, a guardianship always has the possibility of disruption.” (Hayes 2003) Families themselves are impacted here and can quickly lose the relationship they once had.

History of Guardianship
“Modern guardianship has its roots in English common law, a legal system which England then transported to its colonies.” ( n.d.) Here, different states have different legal ways to appoint guardians. The Unites States, each state, has their own unique laws governing guardianship. Each state appoints guardians differently. The premise of guardianship was first set up by common law in England. It then extended to the US during the Colonies period of our history. It was called parens patriae. This meant “Under English common law, the doctrine of parens patriae (parent of the country) allowed the courts to assume control of and appoint guardians for infants (minors) and incompetents (incapacitated adults).” ( n.d.)
It has evolved greatly from the common basis of law. Now a guardian can be court appointed by a judge or can petition the courts for custody. In a typical guardianship case, children do not have to be proven as incapacitated as they are minors. In all cases for disabled adults, it has to be proven they are incapacitated. There are several different types of guardianships. “Guardians are typically appointed for an extended period—until a minor attains the age of majority or until an
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