Legal Options for Relative Caregivers: Guardianship

Options for Relative Caregivers

1. Adoption (in all states)
2. Guardianship (in all states)
3. Legal Custody (in all states)
4. Open Adoption with Agreements (in some states)
5. De Facto Custodian (in some states)
6. Permanent Guardianship (in some states)
7. Standby Guardianship (in some states)
8. Subsidized Guardianship (in some states)
9. Medical & Educational Consent (in some states)

The most significant distinction between guardianship and adoption is that guardianship does not sever the biological parents' rights and responsibilities and the caregiver does not become the parent in the eyes of the law. Guardianship of a child means that a caregiver is responsible for the care and custody of the child. This "guardianship" designation allows the caregiver to access services on behalf of the child that without such a designation might prove impossible. Unlike with adoption, a birth parent can go back to court and ask for the guardianship to be ended and the care and custody of the child returned to the parent.

Source: Generations United, one of the premier Web resources for grandparents and other relative caregivers. Copyright 2002, Generations United. Reprinted with permission of Generations United http://www.gu.org

© 2002 Generations United