Guardianship vs. Adoption

Understanding the Difference Between Guardianship and Adoption

You might think that designating a guardian for your children is the same as asking someone to adopt them but legally, the two concepts are actually quite different.

A guardianship does establish a legal relationship between the guardian and the child, but only to the extent that the guardianship permits. There are several different types of guardianship, some of which are very limited and can exist without altering the the rights of the parents.

Even if the guardianship is of the “person”, meaning that the guardian is assuming the day-to-day parental responsibilities, the parents are still financially responsible for the child. Should the parents die without a will, the child still maintains their right to inherit the parents’ estate.

Guardianships are appropriate in cases where a child needs temporary supervision until a more permanent placement can be established. This type of guardian can range from a friend or family member to a foster home or orphanage.

Guardianships are also common when the parents pass away unexpectedly and leave behind minor children that must be cared for. In this instance, the guardians have usually been pre-chosen by the parents and are designated in the will.

An adoption on the other hand, terminates the relationship between the biological parents and the child. If the parents are still living, they are no longer required to provide financial support nor do they have any other rights and responsibilities regarding the child.

Should the parents subsequently pass away after an adoption has taken place, the child will typically have no right to inherit the parents’ estate unless the child was named as heir in a legal will.

Both guardianship and adoption require a formal designation by the court to establish the legal relationship, however a guardianship can be terminated or renewed at a later date while an adoption is considered to be a permanent relationship.

Related posts:

1. Types of Guardianship
2. Legal Guardianship
3. Gay Parent Adoption

How To Choose A Guardian for Your Children

Protecting Your Children After You’re Gone

Being a parent is full of challenges, but perhaps the most important is deciding who will care for them in the event that you can’t.

Its not an easy decision and one that most people don’t like to think about.

But if you don’t designate a personal guardian for your child, who will? And more importantly, will they make the best choice?

What is a Personal Guardian?

A personal guardian is someone who is able and willing to assume your parental responsibilities in the event that you are no longer able to do so. This person (or persons) can be anyone of your choosing but keep in mind that this is a long-term responsibility, so you’ll want to choose wisely.

Things To Consider

A personal guardian will be responsible for not just loving your child but providing for them as well so you’ll want to make sure that your guardian of choice has the financial means to take on additional family members.

The guardian must be at least 18 years of age and should be physically and mentally equipped to raise a child.

You should also consider things like schooling, religion and moral values – does your guardian of choice have the same beliefs and values that you do?

You’ll also want to make sure that your guardian is willing to accept the responsibility. Even though you might think they’re the perfect candidate, they might have other plans. Always talk to a prospective guardian and ask how they would feel about caring for your children if something should happen to you. Make sure they’re comfortable with the idea and are free from reservations.

You’ll also want to choose a backup guardian in the event that your primary choice becomes unable to care for your children in the future.

To ensure that your children are placed with the guardians of your choice, you should designate the guardians in your will.

Related posts:

1. What is a "Guardian Ad Litem"?
2. Can I Choose Any Name?
3. Children, Custody, Child Support, and Other Parenting Issues

What is a "Guardian Ad Litem"?

Protecting The Child’s Rights in Court

The primary goal of family court proceedings is to make decisions that protect the “best interest of the child”. This can sometimes be difficult to do, especially in the case of custody issues or when a parent is making a major decision that could affect the child’s quality of life.

In these instances, the court will almost always designate a “Guardian Ad Litem”, onetype of guardianship in which an attorney is assigned to represent the child, and only the child.

Why a separate attorney?

Any attorneys hired by the parents or other parties to the action obviously have a conflict of interest. In the case of a custody battle for example, the attorneys representing Mom and Dad are both working to secure the best arrangement for their respective clients.

But this may not be what is actually best for the child.

A Guardian Ad Litem is assigned to protect the child’s interests during the proceedings. They will be allowed to ask questions and present witnesses like the other attorneys involved and may also argue a position that is completely different from the two opposing sides.

For example, in a custody battle both parents might be petitioning the court for sole custody of the child. The child however, may have decided he or she wants to live with grandparents instead.

A Guardian Ad Litem would have the opportunity to present a case showing why the child’s request should be granted. The judge is still free to rule in favor of one of the parents but he or she is also obligated to allow the child’s case to be presented and consider it equally with the rest of the evidence and testimony.

Guardian Ad Litems do not assume any day-to-day responsibilities such as overseeing the child’s education or providing consent for medical care. They are only responsible for representing the child during the legal proceedings and this responsibility ends when the proceedings are over.

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1. How To Choose A Guardian for Your Children
2. Types of Guardianship
3. Know What to Look for in a Divorce Attorney

Types of Guardianship

Your Rights and Responsibilities As A Guardian Related posts:

1. Legal Guardianship
2. Guardianship vs. Adoption
3. Types of Child Custody

Legal Guardianship

The Person(s) Who Have Legal Authority Over a Child

Typically, this authority gives the guardian the right to make major decisions on the child’s behalf as well as the authority to decide day-to-day issues. Guardians can specify which schools the child will attend, which religions will be observed and even what activities the child will be allowed to participate in.

With this authority also comes the responsibility of caring for the child and the guardian is required to provide all the basic necessities such as food, clothing and shelter as well as medical care and education.

In addition to these rights and responsibilities, a guardian also has the right to name a successor guardian in the event that they become unable to care for the child in the future.

In general, guardianship can be acquired in two ways: either by assumption as the biological parents or through a court order. Legal guardianship is considered to be binding until the death of the guardian, the authority is terminated by court order or the child reaches the age of majority. However, it should be noted that there are different types of guardianship, some of which can be granted on a temporary basis even if the primary guardian has not relinquished authority over the child.

Related posts:

1. Types of Guardianship
2. Guardianship vs. Adoption
3. How To Choose A Guardian for Your Children