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Frequently Asked Questions
Guardianship
A guardian is a person who is appointed to look after another person or his property. ... The guardian takes all legal decisions on behalf of the person and the property of the ward. The occasion for taking care of another person may be his minority that is, a person who has not completed 18 years of age.
A legal guardian acts as the primary caretaker of a child or minor. This person may be personally selected by the child's biological parents, or appointed by the court. Guardianship arrangements are necessary when a child's biological parents are unable to provide care.
The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.
Temporary guardianship is much the same as permanent guardianship regarding the guardian's rights and responsibilities. ... Therefore, in a respect, both the parent and the guardian have legal custodial rights and both can make decisions for the child.
A permanent guardianship generally cannot be terminated. A birth parent can not apply to the court to terminate this permanent guardianship after it is granted. Under permanent guardianship, a guardian will be responsible for providing for the child all things required to be fulfilled by a natural guardian.