What Do You Need to Know About Voluntary Guardianship?

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.