What Does It Mean to Be a Legal Guardian?

Parents are naturally responsible for the care and well-being of their children, but what happens if the parents die or are otherwise unable to fulfill those duties? A legal guardian is someone who steps in to take responsibility for the child.

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Guardians can be appointed under emergency circumstances, but if you're the parent of a minor child, it's a good idea to consider naming a guardian in your will as part of your estate plan.

What Is a Legal Guardian?

A legal guardian is someone appointed to care for a child if the biological parents are unable to do so. Legal guardians can be appointed through a will or by the family courts. Many parents choose to name a guardian for their minor children in their wills as part of a larger estate plan. This ensures there's a known plan for who'll take care of the child if the parents die before the child reaches the age of 18. Legal guardians are responsible for the day-to-day care and welfare of the child, making decisions regarding health care and education and supporting them financially.

In situations where an elderly person or someone who's mentally disabled can't make decisions for themselves, someone may be appointed to do so. This is referred to as a conservatorship in many states, but others call it a guardianship as well.

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Under What Circumstances Might a Legal Guardian Be Appointed?

Legal guardians can be needed in a variety of situations. One of the most common is if both parents die. However, other circumstances that could result in the appointing of a legal guardian include:

• The parents being mentally or physically incapacitated to the point that they can't care for the child
• A parent being incarcerated
• A parent being convicted of child neglect or abuse
• A parent being deployed overseas

In all these situations, the parent is unable to provide care for the child or take legal responsibility for their needs. It's also possible for a guardian to be appointed with the consent of the parents if both parents agree that appointing a guardian would be better for the child. 

What Rights Does a Guardianship Grant?

Whether you're naming a guardian for your children in your will or you've been appointed as a legal guardian, it's important to understand what rights someone in this role has. Guardians can make decisions about the well-being of the child, including:

• Medical treatments
• Health care providers
• Type of schooling
• Special education interventions, if necessary
• Where the child will live
• Participation in extracurricular activities
• Who the child will associate with, such as having play dates or sleepovers

Guardians also have the right and responsibility to make financial and legal decisions regarding the child, such as:

• Managing any assets or property they may have, such as an inheritance left by deceased parents
• Applying for state or federal benefits
• Representing the child in legal matters, such as filing lawsuits on their behalf 

It's important to remember that while guardians have a great deal of responsibility regarding the children in their care, they also have some limitations in what they can and can't do. Guardians must act in the best interests of the children in their care, and failure to do so could result in the courts terminating the guardianship and appointing someone else to act in the role. 

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How Is a Legal Guardian Different From a Parent?

Legal guardians and parents may serve similar roles in the day-to-day lives of the children, but they also have some differences. First, biological parents have automatic parental rights, and these rights can't be terminated without a very specific reason, such as severe child abuse. Parents don't need a court order or any paperwork to exercise their parental rights.

Legal guardians don't have any automatic rights and instead are appointed by a court order. Legal guardians only have the rights the courts give them, and the court can modify the guardianship anytime it sees fit.