What is voluntary guardianship? Whether you're a parent who
wants to explore this option or a grandparent (or other interested party) who
wants to better understand this option, take a look at what you need to know
about this guardianship alternative.
What Does Guardianship Mean?
To best understand voluntary guardianship, you may need to
start at the beginning. Guardianship, as a general concept, is:
- A
way to care for a child or children. In the absence of a parent's
presence, a legal guardian can take over care and decision-making.
- A
way to prevent foster care movement. Guardianship provides a
permanency solution for children who might otherwise have no steady home
to go to.
- A
way to make a child care option legal. Guardianships are legal options
and must meet state requirements.
Given the legal nature of a guardianship, parents and
prospective guardians may want to seriously consider the use of an attorney. An
attorney can help the parent or guardian navigate the legal system and complete
the process the correct way.
What Is the Difference Between Voluntary and Other Types
of Guardianship?
There are a few different types of guardianship
arrangements. Along with voluntary, other guardianships include planned and
contested. Dependency proceedings also fall under the guardianship umbrella.
These are cases of abuse, neglect, or abandonment. In these instances, the
courts may appoint a guardian.
A voluntary guardianship:
- Is
something the parent can initiate. Instead of the court or a relative
initiating the guardianship, the parent takes the lead. Like the name
implies, this is a voluntary action. The parent may feel the guardianship
is in the best interest of their child or recognize they can't care for
the minor.
- Requires
both parent's consent. If one parent doesn't have the other parent's
consent, they may not have the ability to voluntarily assign a guardian.
An attorney is often necessary in this type of situation to resolve parent
rights and guardianship issues.
- Isn't
always permanent. Some parents choose this option as a solution to a
temporary problem. If the parent knows they're unable to care for the
child right now, but is taking steps to provide for the child in the
future, they may only want a temporary guardianship.
If you're not completely sure if voluntary guardianship is
right for your family, discuss the options and outcomes with an attorney. Your
lawyer can help you to make the best decision for your child, yourself, and
everyone else involved.
Who Takes on the Guardian Role?
The decision to transfer guardianship isn't easy. The parent
wants to make sure the child is well cared for - in a way they can't offer
right now. The most common guardians parents choose include:
- Relatives.
Grandparents, aunts, uncles, siblings (of the parent), and responsible
adult children (of the parent) are potential candidates for guardianship.
- Friends.
Close responsible adult friends of the family can assume guardianship of a
child.
- Other
responsible adults. If the parent has a non-relative who they may not
necessarily consider a close family friend, they can still ask the person
to become their child's legal guardian.
The guardian will assume the role of the parent in several
different ways. If you want to voluntarily choose guardianship, you should
fully understand what you can expect from your relative, friend, or other
person of choice.
What Does a Guardian Do?
Voluntary guardianship, like other types of guardianship,
gives the guardian legal rights and responsibilities. The parent must
understand what they are voluntarily giving up at the time of their decision.
The guardian's rights and responsibilities include medical, dental,
educational, residence, marriage (under 18), armed forces (under 18), and
driver's license decisions.
Do you need help with a voluntary guardianship? Contact the Law Office of Carla D. Allen
for more information.
