Guardianship is a legal process that grants an individual the authority to make decisions on behalf of another person who cannot manage their own affairs. While the process applies to both minors and incapacitated adults, the legal considerations and procedures differ in significant ways.
Guardianship for minors
When a child under 18 requires a guardian, the court typically appoints a responsible adult to provide care and make legal decisions. This often occurs when parents are deceased, unfit, or unable to fulfill their parental duties. Courts prioritize the best interests of the child, considering factors such as the guardian’s relationship with the minor, financial stability, and ability to provide a safe environment.
Guardianship for minors may be temporary or permanent. Temporary guardianship is common when parents face short-term challenges, such as medical emergencies or military deployment. Permanent guardianship may be necessary when parents have passed away or lost legal custody due to neglect or abuse. The court oversees the process to ensure that the guardian acts in the child’s best interests.
Guardianship for incapacitated adults
Adults who are unable to make decisions due to a disability, illness, or cognitive decline may require a guardian. The process begins with a legal determination of incapacity. A court evaluates medical evidence and may appoint an independent evaluator to assess the individual’s mental and physical condition. Unlike minor guardianship, which focuses on parental absence, adult guardianship centers on whether the person can make sound decisions regarding finances, healthcare, and daily living.
Courts grant guardianship based on the level of incapacity. A full guardianship gives the appointed individual authority over all decisions, while a limited guardianship restricts control to specific areas, such as financial management or medical care. The court continuously monitors the arrangement to prevent abuse or neglect.
The key difference lies in the purpose: minor guardianship provides a caregiver for a child, while adult guardianship protects those unable to care for themselves. Minor guardianship ends at 18, whereas adult guardianship may continue indefinitely. Recognizing these differences helps families make informed legal decisions.
