What Is Guardianship?
In most normal circumstances, it is the parents who have to make decisions about the future and the wellbeing of their children. They have to make big decisions on a child’s behalf, such as what school she goes to, the place where she lives, her type of upbringing, and the level of discipline she has. All of these have substantial impacts on the child and help to shape her into the person that she grows up to be.
But what happens when the parent cannot take care of their child for one reason or another? Well, in that situation, the child must be under the supervision of a legal guardian.
Guardianship, also known as conservatorship, is a legal process that allows someone to make crucial decisions for a child. However, guardianship is quite different from adoption and should not be confused for one another.
During an adoption, the parent’s rights are terminated permanently. Still, a guardianship, on the other hand, can be terminated when the parent wishes to do so (considering they are able, both physically and mentally).
This means that the guardian has the same rights and responsibilities as a parent when it comes to the care of the child. He/she will make all the tough decisions about the care of a child, so an appropriate and responsible guardian must be chosen.
The person you select as guardian must be able to meet the physical as well as emotional needs of your child and raise your child in accordance with the law as any other parent would.
Responsibilities of A Guardian:
- Taking custody of the child
- Deciding the place where the child lives
- Taking care of the child’s personal property
- Deciding upon the school where the child goes
- Covering the medical needs of the child
- Supplying food, clothing, shelter, and other essentials
- Providing the right education for the child
Even though it is often overlooked and seldom discussed, a will is one of the most important legal documents you will sign in your lifetime, especially if you have children. In this case, the document decides what will happen to your child in your absence.
Read Next | What to Do If Your Kid Gets Stung by a Bee
Why Should You Appoint A Guardian In Your Will?
If you die without appointing a guardian for your child, the court will be left to decide who will take care of your child. As you would imagine, the decision might not be ideal as the court system doesn’t understand your children, the potential guardians or the situation as a whole.
Being a parent, you should appoint a guardian in your will to make sure that your children are properly cared for in a situation where you can’t look after them. This also helps to ensure that your children get the love, support, and care they need from the best possible person after you have passed away. A guardian makes decisions that are in the best interests of your children in your stead, so it is essential to choose wisely.
Guardians are appointed for a wide number of reasons when a child’s parents can no longer care for them; here are some of the most common:
- Death
- Violent Crime
- Sickness
- Alcohol Consumption
- Drugs
- Financial Issues
- Deportation and Other Circumstances
How Do You Choose Your Guardians?
Choosing a guardian for your child can be one of the toughest decisions you will have to make, and quite rightly so. In order to select someone to take care of your child, you should consider the following:
- Similarities between your values and beliefs
- The transition your child will need to make
- Who can fulfill the physical, emotional and financial needs of your child
At the end of the day, it all comes down to personal preference and a judgment call. Maybe the potential guardian is already a great parent and is raising their own children well. Perhaps they don’t have kids and have always wanted them and would love the opportunity to raise a child of their own.
Whatever the situation is, you need to make sure that you are asking the right questions before you decide. Do they have the qualities you are looking for? Are they caring and positive? Do you find him/her trustworthy?
Would they be able to raise your child with the same values that you hold the highest? Will your child need to change school? Does their parenting style similar to yours? The list goes on.
What happens when a parent dies without a will? That’s a good question, and it’s one that people should be asking themselves more often.
On top of the psychological and emotional trauma that follows such a tragedy, there will be the added stress of the negotiation of guardianship appointment, typically via the courts. This is definitely something that is best avoided.
Your child is your priority, and their future and wellbeing are paramount. Therefore, it is advisable to make a decision which is in the best interest of your child. Being a guardian is not a job; it’s a real responsibility that should be taken with great consideration and contemplation.
If you’re the one doing the choosing, then make sure you choose someone who is up to the job.
Read Next | This Is Where to Hire an Amazing NYC Nanny
Mike Johnson handles content management and communications for Manshoory Law Group, APC. He has always had a special interest in the sphere of Law and Human Rights. Dedicating a lot of his free time to understanding the small details and specifics of these fields, Mike enjoys exploring and analyzing them in his articles. His main goal is to make this sometimes complicated information available and transparent for everyone.
Like what you read? JOIN the Mommybites community to get the latest parenting advice, events, childcare listings, casting calls & raffles, and our Parents With Nannies Facebook group. SIGN UP NOW!”
