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 with permission from the court. In that case, a judge will appoint a replacement guardian if necessary.

What is a guardian ad litem?

A guardian ad litem is a person appointed by the court to stand in the shoes of a minor in a court proceeding in which the minor has some interest. The court can also appoint a guardian ad litem for an adult who isn't able to make decisions alone. Often, the guardian ad litem is a parent, close relative, or attorney. Some states also authorize the appointment of a guardian ad litem to represent a child's interests in a divorce case that involves custody issues.

If a guardian ad litem is not an attorney, the minor or disabled adult is frequently represented by an attorney as well.

If a child other than my own child lives with me, do I need a guardianship?

You won't need a guardianship if the child is only staying with you for a few weeks or months, but anyone who anticipates caring for a child for more than a few months will probably need a legal guardianship. Without this legal arrangement, you may have trouble registering the child in school, arranging for medical care, and obtaining benefits on the child's behalf. In addition, you'll have no right to continue providing care if the child's parents want him back -- even if you think they're incapable of providing appropriate care.