Legal guardian facts for kids
A legal guardian is a person chosen to protect someone who can't make important decisions for themselves. This guardian makes choices for the person who needs help. Usually, a court has to officially choose, or appoint, a legal guardian. Before a court appoints a guardian, it first decides if the person is unable to make their own decisions.
A court might choose a legal guardian for a child (called a minor) in several situations:
- If a child has no parents or other adults to care for them.
- If a child's parents pass away.
- If a court decides a child's parents can't properly care for them. For example, if a parent hurts their child or doesn't care for them well, they might lose the right to raise them.
- If a court decides a child's parents are unable to make decisions for themselves.
A court can also choose a legal guardian for an adult. This happens when the court decides the adult needs help making important choices. The court appoints a guardian to help protect this person, who is called a ward. The legal guardian then has the right to make legal decisions for the ward.
How Legal Guardians Are Chosen
Legal guardians are chosen in a few different ways.
Sometimes, a parent writes a will. This document explains their wishes if they die. In the will, they can name who they want to care for their child. If the parent passes away, a court still needs to approve the person named in the will as the child's new guardian. The new guardian does not have to be a family member.
If someone, like a doctor or family member, thinks a person needs help making decisions, they can ask a court to choose a legal guardian. In the United States, the court must hold a meeting, called a hearing. This hearing decides if the person needs a guardian. The person must have a lawyer, and the court listens to arguments from both sides. If the court decides the person needs a guardian, the court will choose one. This guardian could be a family member, a friend, or even someone the person doesn't know.
What Powers Do Legal Guardians Have?
In the United States, when a court chooses a legal guardian, the court must clearly state what decisions the guardian can make for their ward. For example, a court might say the guardian can only make medical decisions. The ward would still have the right to make all other decisions.
Different states have different laws about types of guardianships. They also have different rules about what decisions guardians can make.
For example, in Massachusetts, a court can appoint a "Rogers Guardian." This guardian can only make decisions about their ward's mental health medicines. The ward still has the right to make any other decisions not related to medications.
In other states, like Pennsylvania, a court can appoint a "plenary guardian." This type of guardian has the right to make all decisions for the ward. The ward has no right to make any important decisions for themselves.
See also
In Spanish: Curador (derecho) para niños
