Guardian Eligibility

To be the guardian of a minor's person you must be:
  1. At least 18 years old
  2. A United States resident
  3. Of sound mind and under no legal disability
  4. Not convicted of a felony
  5. Capable of providing an active and suitable program of guardianship.
Guardian of an Estate or Person
One person may be appointed guardian of the person and another person appointed guardian of the estate.

A petition for guardianship of the person of a minor should be filed in Probate Court only when the person seeking guardianship is not a legal parent. On the other hand, a legal parent may be named to serve as guardian of the estate of a minor.