Legal Guardianship

The Person(s) Who Have Legal Authority Over a Child

Typically, this authority gives the guardian the right to make major decisions on the child’s behalf as well as the authority to decide day-to-day issues. Guardians can specify which schools the child will attend, which religions will be observed and even what activities the child will be allowed to participate in.

With this authority also comes the responsibility of caring for the child and the guardian is required to provide all the basic necessities such as food, clothing and shelter as well as medical care and education.

In addition to these rights and responsibilities, a guardian also has the right to name a successor guardian in the event that they become unable to care for the child in the future.

In general, guardianship can be acquired in two ways: either by assumption as the biological parents or through a court order. Legal guardianship is considered to be binding until the death of the guardian, the authority is terminated by court order or the child reaches the age of majority. However, it should be noted that there are different types of guardianship, some of which can be granted on a temporary basis even if the primary guardian has not relinquished authority over the child.