How Guardianships Work FAQ
Frequently asked questions explaining children's guardianships, including the difference between guardianship and adoption.
What does a guardian do?
Typically, a guardian takes care of a child's personal needs, including shelter, education, and medical care. A guardian may also provide financial management for a child's assets, although sometimes a second person (often called a "guardian of the estate") is appointed for this purpose.
What is the difference between a guardianship and an adoption?
A guardianship establishes a legal relationship between a child and an adult who isn't the child's parent, but it does not end the legal relationship between the child and the child's biological parents. For example, the biological parents are still legally required to provide financial support for the child. And if a biological parent dies without a will, the child has certain automatic inheritance rights.
On the other hand, an adoption permanently changes the relationship between the child and the adults involved. The adopting adults legally become the child's parents. The biological parent (if living) gives up all parental rights and obligations to the child, including the responsibility to pay child support. If a biological parent dies without a will, the child usually has no right to inherit.
When does a guardianship end?
A guardianship ordinarily lasts until the earliest of these events:
- the child reaches legal age (usually 18)
- the child dies
- the child's assets are used up (if the guardianship was set up solely for the purpose of handling the child's finances), or
- a judge determines that a guardianship is no longer necessary.
Even if a guardianship remains in force, a guardian may step down from his or her role with permission from the court. In that case, a judge will appoint a replacement guardian if necessary.
Page 1 of 3
Next Page
Copyright 2006 Nolo
