Question:

If someone has a guardian, how can they get married?

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this person lives in a group home, wants to get out and needs to know what steps to take to get his fiancee to be his guardian?

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  1. Depends on the reason the person is in the group home and what state the person resides.

    Marriage is governed by the individual states. Different states have different ages that a person can be married without parental consent or a court order.

    If the person is in the group home on the decision of the parent/s, then becomes legally married, the person may be deemed "emancipated" and not bound by the parent's decisions any longer. The spouse automatically supplants the parents as "next-of-kin."

    However, once emancipated, parents generally no longer have any responsibilities toward the child, so all support may cease.


  2. Is this a court-appointed guardian?  Then only the court can change guardianships.  They are not likely to award guardianship to a "fiancee."  Nor is the court likely to allow someone to leave the group home when they cannot support themselves and take care of all the routine matters of living on their own from personal care to earning a living to balancing a checkbook.

  3. You have to be 21 to get married in most States of America and you have to be 18 in order to be independent. So, that tells you , you don't need a "Guardian" in order to get Married! If you are young and trying to get married then I would assume you must wait!

  4. Your friend needs to find a really stupid judge.  

    Apparently your friend has some sort of mental or emotional disability that requires him to have a guardian and to live in a group home.  Someone who wants to marry your friend is not likely to be an appropriate guardian.

    Perhaps you can get a more marriage-minded person appointed as guardian, but any judge with half a brain will hear alarms going off on this one!

  5. Even if he were able to have his fiance be his guardian, a guardian cannot marry their charge. It would be considered a marriage under the possibility of duress.

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