Guardianship Laws
A guardian is a person that will make decisions for another person that cannot make decisions on their own such as a minor child or an elderly person. A guardian can be put into place by the court or by a family member, which chooses a guardian for their loved one.
The decisions a guardian can make for the person in their ward include consent for medical treatment, purchasing necessities including clothing, food, etc…, education, and managing all finances.
In most cases, a guardianship will be in control of the person until they reach a certain age or until they can care for themselves such as with drug or alcohol addiction.
Each state has their own laws regarding guardianship, however, in most states a guardian will be a family member that is willing to take on the responsibility of the care of the person in question. The specific duties and responsibilities of the guardian are defined in state laws.
A guardian has the care and responsibility of the person deemed to be their ward. Some of the responsibilities include shelter, education, medical care, financial management, and more.
The difference between guardianship and
adoption is that guardianship usually ends especially in the case of a minor child. The parents of the child are still legally responsible for the financial support of the child. If the parent dies without a will, the child will have inheritance rights. An adoption stops the legal responsibility of the biological parents.
Guardianship is normally for a limited time such as the child reaches legal age, the child dies, the finances for the child are depleted, or a judge determines the guardianship is no longer necessary.