If a child’s parents are no longer able to look after them, adoption or guardianship can provide them with an opportunity for a safe, stable, and healthy family life. Although guardianship is relatively straightforward, it’s natural to have some questions about the process and what it entails. Here are answers to some frequently asked questions about this responsibility and how it differs from adoption. 

What You Should Know About Minor Guardianship 

How do you become a guardian if a child’s parents have died?

Parents often nominate a guardian for their children in their estate planning documents. If they didn’t, you can file a guardianship application with the probate court in the county in which the child resides.

A hearing date will be scheduled, and the child’s closest relatives will be notified and have the opportunity to contest your application. The court will review your information and evaluate your background and relationship with the child. The judge will decide who gets guardianship based on the child’s best interest. 

How is it different from adoption?

Both involve caring for the child. However, guardianship is typically temporary, while adoption is permanent. Even if the arrangement is set to last until the minor turns 18, the court can change the terms or guardian at any time. With adoptions, the legal rights and obligations of the natural parents are also terminated, whereas, with guardianship, the parents maintain their rights and their duty to support their child financially. 

What are a guardian’s duties?

A legal guardian’s duties are similar to those of a parent’s. Guardians are responsible for ensuring a child’s basic needs are met, which includes providing a safe and stable environment, clothes, food, education, and medical and dental care. A guardian may also be responsible for managing a minor’s finances. Each year, the guardian is required to report to the court to notify them of the child’s condition. 

How long does it last?

While every arrangement is different, guardianships are generally intended to be temporary. Most of the time, they end when the minor turns 18. Alternatively, a judge may sever the relationship if they determine the arrangement is no longer necessary or if the child is deceased. Guardians can also request to resign. 

If you’re a Walker County, GA, resident with questions regarding guardianship, adoption, child custody, or other family law topics, turn to the trusted attorneys at Hildebrand Law Office, P.C. Based in LaFayette, these legal professionals have served northwestern Georgia for nearly 20 years. Whether you need to draw up a will and testament to appoint guardianship in the event of your death or wish to adopt a child, these experienced lawyers can help. Call (706) 638-6009 to speak with a friendly team member to schedule a consultation or visit the website to learn more about the practice.