A guardianship order grants legal guardianship of a person to another adult, often involving children whose parents are dead, incapacitated, abusive, mentally ill, or addicted. Orders can be temporary or permanent, and involve decision-making for the person in their care. Laws vary by jurisdiction.
A guardianship order is a court order that gives an adult legal guardianship of another person. In many cases, guardianship orders are granted to place children in the care of a competent adult. This isn’t always the case, however, as adults can have guardians as well. Often, guardianship orders involving minors end when the minor has reached legal adulthood; those involving adults may be open-ended or have other parameters that determine the end date. Guardianship orders can be temporary or permanent, and the laws governing them vary from jurisdiction to jurisdiction.
Guardianship orders are often prepared and granted in cases involving children. For example, this type of order may be granted when a child cannot remain in his or her parents’ custody for some reason. A guardian may be appointed, for example, if a child’s parents are dead or incapacitated. Sometimes, a guardianship order is also granted because a child’s parents are abusive, mentally ill, abuse alcohol, or are addicted to drugs. Often, guardianship orders are intended to remain in effect until a child reaches the legal adult age of her jurisdiction, but some are only intended to be temporary.
When it comes to children, people might think that guardianship orders are only given when a child’s parents are unsuitable or absent altogether. This isn’t the case, however. A guardianship order may be granted because a child’s parents will be traveling for an extended period of time and unable to care for the child. Similarly, these orders may be granted because a child’s sole parent is too ill or injured to care for him. Often, in such cases, a temporary guardianship order is granted to allow another adult to care for the child until the parent is able to take charge again.
Sometimes guardianship orders are also granted for legal adults. This can occur when a court determines that an adult is incapable of making sound decisions for themselves or acting competently on their own behalf. If so, a guardian may be appointed to make decisions for the adult. These decisions can include anything from deciding where the person will live to providing consent for health care.
The rights and responsibilities of a guardian are usually detailed in a guardianship order. For example, a child’s guardian may have many of the same rights as parents, but cannot sign adoption agreements for the child. In the case of guardianship of a minor, it is usually expected that the guardian also has physical custody of the minor. When guardianship involves an adult, however, the guardian may have responsibility for deciding where the person in their care will live, but this may not require the guardian to provide physical care. The terms of protection vary according to the jurisdiction and the particularities of the case.
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