Your Guardianship and Conservatorship Lawyer in Southeast Idaho

Guardianship of a Minor Child

Guardianship and Conservatorship have some advantages over other types of child custody, but it is not simple. Here are some things you should know about choosing a guardian or being one yourself.

Common Reasons for a Guardianship and Conservatorship for Minors

Guardianships and Conservatorships are usually needed if the parents are either not available or not able to care for the child. Reasons include a long-term illness, disability, or financial hardship. In many cases, the child still has contact with his or her parents and other family members.

Guardianship is often temporary but can be long-term. In any case, it ends when the child is 18 or if the parental control is re-established, except under certain circumstances.

Guardianship of an Adult

When mental impairments or age restrict the decision-making abilities of your loved ones, you want to be able to make their decisions for them. Sometimes, however, there are complications that can get in the way of making these decisions. If you think you need to take care of a loved one’s decisions, you may need a guardianship lawyer.

Common Reasons for a Guardianship and Conservatorship for Adults

Guardianships and conservatorships are often established when an adult is unable to make decisions regarding their personal care, health, or finances. Another common reason is for parents who need to ensure proper care and decision-making support for an adult child with special needs or disabilities.

Legal Aspect of Guardianship

Many people — such as relatives or close family friends — step in to care for a child, parent, or adult loved one when needed. However, simply providing care or having someone live with you does not make you a legal guardian. To obtain legal guardianship or have one appointed, the matter must go through the court. Without this legal process, there can be challenges in handling important responsibilities such as medical decisions, financial matters, or school enrollment.

Differences Between Guardianship and Foster Care or Adoption

Guardianship is different than foster care in that it is more permanent and usually involves other relatives. The guardian becomes the primary caregiver. This differs from foster care where the parents often still have a role in their child's life.

Guardianship differs from adoption in that adoption is completely permanent. The adopter is considered the parent, and the former parents no longer have any rights or legal connection to the child.

People Preferred as Guardians

When establishing guardianship, the court generally prefers to appoint a family member whenever possible. For children, this helps maintain stability and a connection to family and heritage. For adults, it ensures that care and decisions are managed by someone who understands their needs and values. If a suitable relative is not available, the court may appoint another qualified individual to serve as guardian.

Selecting a guardian for a child or adult, or becoming a guardian yourself, involves more than just providing care. To ensure you can make important decisions — such as medical care, financial matters, or signing legal documents — the guardianship must be established through the courts.

Guardianship needs to be carefully planned, especially to avoid disputes with other family members. This is where an attorney who is knowledgeable about the process can be very helpful. Hart Law Offices, P.C., has experience working with guardianships and making sure everyone's rights are respected.