A guardianship, in essence, allows you to make decisions that are similar to those that you would make if you had legal custody of a minor child. Through a guardianship, you can make decisions for a minor child who is not your biological child or for an adult that cannot effectively care for themselves. A guardianship can be temporary or permanent and allows you to assist a loved one or even take control and make decisions for them.

The process involves a Judge reviewing the circumstances and approving the guardianship and then requiring yearly reporting. Guardianships are available in multiple situations such as a grandparent or aunt or uncle caring for their grandchild or niece or nephew. Other situations include a non-family member who needs care. Other common guardianships for adults include a family member with special needs or one who has been incapacitated through medical circumstances or a traumatic event.

For everyday practical matters, the primary difference between a guardianship and adoption is permanency. Where an adoption is permanent, a guardianship can later be dissolved. However, there are other differences as well. An adoption creates the legal bond that the child, or even an adult that you adopt is now your legal child, just as if he or she were your biological child. It also creates an heir-at-law relationship and allows for expanded legal rights regarding decision making.

No. A guardianship does not override parental rights. An important aspect of guardianship law is that the legal rights of biological parents remain intact. However, for everyday practical matters, a guardianship allows you to make decisions necessary to care for your loved one, even if the biological parent disagrees.

A person typically becomes a conservator in addition to a guardian, but not always. As a conservator, you have control over the finances of the minor child or adult. Similar to that of a guardianship, this process involves a Judge reviewing the circumstances and approving the conservatorship and then requiring yearly reporting.

The short answer is yes. A power of attorney is a grant of authority to act as an individual’s agent and is granted by the individual. However, a conservatorship is authority to protect and manage an individual’s finances and is granted by the Court, not the individual.

As a general rule, the Court’s authority would trump that of the individual, as the conservatorship process entails court proceedings with various protections for the individual built into the procedure. The appointment of an agent through a power of attorney, however, does not have the same level of protections.