You might have a friend or family member who wonders about being a legal guardian. They may be curious about the rights and responsibilities of such a person. Here is some information about legal guardianship and what it means:

What Is a Legal Guardian?

A legal guardian is a person who takes responsibility for a minor child if something happens to his or her parents. Usually, people choose legal guardians for their children when they create their wills. According to GoodTrust, “By declaring guardianship in a will, parents get to decide who takes responsibility for the children, instead of the court.”

They do this as an extra level of protection for the children or themselves. There may be other situations that prompt people to choose legal guardians for their children, however.

What Are the Rights and Duties of a Guardian?

The guardian may have full parental rights and responsibilities to the child if one or both parents passes. Generally, the child’s other parent would receive legal guardianship of that child if the other parent passes away. 

The courts decide that unless the deceased parent has formerly identified someone else as the desired guardian for the child.

The responsibilities of a guardian will be the same as a regular parent. The person will be responsible for housing and caring for the child. The guardian will make decisions regarding the child’s schooling, behavioral patterns, eating habits, medical care, and so forth. 

That person will act as the child’s parent either permanently or until the natural parent’s circumstances change. The natural parent usually works those details out in his or her will.

Can a Guardian Be Called Upon When Both Parents Are not Deceased?

A guardian may be called upon for any situation in which his or her parents cannot provide the appropriate care. For example, a guardian could be called upon if the parents both have medical issues and must spend time in a hospital for a severe medical emergency. 

A guardian could also be called upon if one or both of the parents end up in jail. Other situations can also activate the need for the guardian to take charge of the child’s life.

Are There Different Types of Guardianships? Is Guardianship Permanent?

Legal guardianship is usually permanent if both parents are deceased. However, it can also be permanent if the court terminates the parental rights of the natural parents for some reason. 

The guardianship may only be temporary in some of the situations above like the temporary illness of incarceration of the natural parents.

Establishing a Guardian

No one likes to think about the worst events happening. However, it might be wise for a parent to consider establishing a trusted person to take care of the children should anything occur in the future. Having a definitive plan set is much better than having the courts decide who takes care of a child in an emergency.

You now have some of the basic knowledge about legal guardianship and how it works. You can gain additional knowledge by reaching out to a reputable attorney for assistance.