What is Guardianship?

Guardianship is a legal relationship between an adult and the child in their care. A guardian is given the legal authority to make important decisions about the child’s future. This may include decisions about their education, medical needs, shelter and more.

Guardianship is for individuals other than the child’s parents. This can be extended family members, family friends (like-kin), and other caregivers.

Guardianship is not for everyone or every situation. To learn more about alternatives to guardianship, please visit Decision Making Tools .

The four types of Minor Guardianship are:

  1. Emergency Guardianship: The guardian’s authority is limited to the required decisions to resolve the emergency. Emergency guardianship is limited to 60 days. For example, this can be used when there is a medical or surgical emergency and the parent is not available or able to consent. Very few situations qualify for emergency guardianship.
  2. Limited Guardianship: The guardianship is limited to certain decisions if the parent needs help caring for the child. Parents may keep some decision-making powers. Limited guardianship also allows for shared physical custody between the parent and guardian. The court sets the time period for the limited guardianship. For example, routine medical and educational decisions may be transferred to the guardian if the parent needs help caring for the child, but the parent keeps other decision-making abilities.
  3. Temporary Guardianship: The guardianship is based on the inability of the parent to provide care, custody and control for a temporary period. The guardianship is limited to 180 days and can be extended for an additional 180 days if good cause is shown. A temporary guardianship may be used when a parent is unable to care for their child for a short period, not expected to be more than six months to one year. For example, this can be used when a parent is undergoing medical treatment or is incarcerated.
  4. Full Guardianship: The guardianship lasts until the child turns 18 and includes the full legal authority to make decisions for the child if the child’s parents are unfit, unwilling or unable to care for the child or there are other compelling facts. A full guardianship may be needed if the parents are deceased or have abandoned the child, or if other temporary arrangements have been tried and failed.