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In some cases, an emancipated minor may be considered a legal guardian. This situation often occurs when an older child becomes the legal guardian of a younger sibling. An older sibling who is still under the age of majority may petition for partial emancipation to become the legal guardian of their brother or sister.
A court may be hesitant to grant an emancipation petition when it is clear that the minor would rely on public benefits to support themselves. Petitions for emancipation of a minor are usually filed in a family or probate court and may be filed by the minor, a parent or guardian, or a guardian ad litem.
Emancipated minors DO NOT have the right to continued financial support from parents. Emancipated minors may lose the benefit of child support payments, social security benefits, and veterans benefits. There is no provision in the law to become unemancipated once emancipation has been granted.
A guardianship is when an adult, who is not a childs parent, is legally responsible for the childs care because the childs parent is unable to care for them. It may also mean someone manages the childs money or property if the child has a lot.
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