When a guardian is appointed by a court, the parents are no longer the decision-makers for the child. Their parental rights are not terminated and their ability to act as the decision maker may be recovered if the reason for the guardianship ends.
In order for a guardianship to be created a petition must be filed and served on the child’s immediate family. The individual filing the petition may be evaluated by the Department of Social Services or the Court Investigator’s Unit. This will determine whether the individual is fit for such a role and if their guardianship will be in the best interest of the child.
For the court to grant a guardianship, the parents must consent, be incapacitated, be unable or unfit to care for the children, or have died.