Guardianship grants legal custody to a person for the personal care and protection of another person. A guardianship can be assigned for the guardianship of a minor child and for adults with diminished mental faculties or disabilities. A guardianship enables the guardian to assume what would generally be deemed as “parental decision making authority”.
A temporary guardianship is a legal option that can prevent a child from being placed in foster care. A temporary guardianship would be appropriate for situations such as a grandparent assuming guardianship of a child whose parent are incarcerated, missing or otherwise unavailable to raise or care for the minor child.
Adult guardianship are becoming more common as the population ages and people are unable to afford retirement center expenses for aging parents. An adult guardianship assigns to a person the ability to make life decisions for an adult who is not of sound mind, is incapacitated or otherwise unable to function coherently.
Related considerations for persons contemplating adult guardianships are Living Wills and Durable Powers of Attorney for Health Care, Placement Decisions and Procedures, Financial Power of Attorney, Georgia Advance Directive for HealthCare, Living Trusts, and Representative Payee Status which addresses the reassignment of payee for various benefits.
Emancipation of Minors
Emancipation of a minor is effectively the direct opposite of guardianship. The emancipation of a minor transfers the full rights of adulthood to the minor child thereby enabling them to live on their own, make their own life decisions and be completely independent of another’s authority. The reasons for emancipation vary.