Guardianship of a minor varies by jurisdiction and can be shared or granted to a single individual. Parental guardianship is the ideal situation, but standby, subsidized, and ad litem guardianship may be necessary. Subsidized guardianship provides financial assistance, while ad litem guardianship represents the child’s interests in court.
There are several basic types of guardianship of a minor, although the specific laws relating to this issue vary by jurisdiction. A guardian is a person legally appointed to make decisions on behalf of a minor with the best interests of the minor in mind. Guardianship can be shared, often called co-tutorship, or granted to a single individual, or sole guardianship. Some other types of guardianship include parental guardianship, substitute guardianship, subsidized guardianship, and ad litem guardianship.
Parental guardianship refers to the guardianship of a child in the hands of the child’s natural parents. This is generally considered the ideal situation. Parents are responsible for finances, health care, education, and all other matters relating to the child’s well-being. This is the usual guardian status in most families, unless circumstances interfere.
In cases where the child’s parents are no longer competent or available, a guardian may be appointed to act as the child’s parent; if done in advance, it is often called standby guardianship. This form of guardianship is legally recognized in many jurisdictions. It allows parents to select a prior-arranged guardian who should take over if the parent becomes incapacitated through illness, dies, or is unable to care for the child for any other reason. The pending guardian can also take over at the request of the parent and the arrangement can be temporary or permanent depending on the circumstances.
In some jurisdictions, subsidized guardianship may be instituted, which involves financial assistance to the guardian to help provide for the child’s needs. This type of child guardianship was created to help find permanent placement for children who might otherwise end up in foster care, such as children in the child care system, or whose parents have died. Financial assistance can often help family members or other loved ones become guardians of a child when they are unable to handle the financial burden themselves.
In some types of legal cases, a guardian ad litem will be appointed to represent the child’s interests independently of the parents and the court. This occurs frequently to protect the child in bitter custody battles, child abuse or neglect cases, or delinquency. This person is solely responsible for representing the child’s interests in court, but is not the type of guardian who takes care of the child outside of the legal process.
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