Guardianships of Minor Children

Last updated on January 12, 2023 / By 

A guardianship is a legal relationship between a guardian and a minor child (a person under the age of 18) in which the guardian is responsible for the care and well-being of the child. Guardianships may be established by a court or through a private agreement between the child’s parents and the proposed guardian.

There are two types of guardianships:

  1. Guardianship of the person: This type of guardianship gives the guardian authority over the child’s physical care, including where the child lives, their medical treatment, and their education.

  2. Guardianship of the estate: This type of guardianship gives the guardian authority over the child’s financial affairs, including managing their assets and making financial decisions on their behalf.

In some cases, a single person may be appointed as both the guardian of the person and the guardian of the estate. In other cases, these roles may be separate, with one person serving as the guardian of the person and another serving as the guardian of the estate.

Guardianships may be temporary or permanent, and they may be terminated or modified by a court upon a showing of changed circumstances. The best interests of the child are always the primary consideration in matters relating to guardianships.

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