It can be hard to understand the laws that govern caregiving and deal with them emotionally. If you are responsible for taking care of a child, an elderly parent, or an adult who can’t take care of themselves, you need to know the differences between guardianship, conservatorship, power of attorney, and custody.
This detailed guide covers everything you need to know about getting temporary guardianship, ending guardianship, and how guardianship works.It also makes it clear what the main differences and duties are between custodians, guardians, agents with power of attorney, and conservators.
What Is Guardianship?
When the court names someone (the guardian) to make decisions for someone else (the child) who can’t because they are too old, sick, or otherwise unable to do so, this is called guardianship.
Guardianship can apply to:
- Kids whose parents have died, aren’t there, or aren’t fit
- Adults, such as older people with dementia or people with disabilities
Here are a few kinds of guardianship:
- As a guardian, you are responsible for someone’s health care, education, and daily needs.
- A mental health guardian can put their charge in a mental health center if they need to.
- Temporary guardianship is a type of power that only lasts for a short time, usually three to six months.
What’s the Difference Between Guardianship and Custody?
Guardianship and custody are both ways to look after someone, but they are not the same thing.
Custody
- Most of the time, custody issues come up in divorce or child support cases.
- A family court gives this to a parent or legal guardian.
- It could be real (like where the child lives) or made up (like the right to make decisions).
Guardianship
- A juvenile or family court chooses a provider who is not a parent, like a grandparent or cousin.
- Can last for a short time or a long time
So, is custody the same as guardianship? Not at all. When the state takes care of a child when the parents can’t or won’t be present, that’s called guardianship. When parents have custody, they are in charge of their children.
What Is the Difference Between Guardianship and Power of Attorney?
A power of attorney (POA) lets someone else make decisions for you if you are mentally capable.
Key Differences:
- The court decides who will be a guardian, but a POA is given freely. If the person who gives POA is still able to, they can take it back at any time.
- The court decides when guardianship ends.
- Guardianship or power of attorney? A lot of people want to know this. It depends on.
Many people ask: Which is better, power of attorney or guardianship? It depends. If the person can still make informed decisions, a POA is less invasive. If the person is already incapacitated, guardianship is the necessary legal route.
What Is the Difference Between Guardianship and Conservatorship?
In many states, including Arizona:
- Guardianship refers to decision-making authority over a person
- Conservatorship refers to authority over finances
So, what is the difference between conservatorship and guardianship? A conservator manages money and assets; a guardian manages health care, housing, and daily needs. Sometimes one person fulfills both roles, and in other cases, they are split between two individuals.
How Does Legal Guardianship Work?
Legal guardianship begins when a petition is filed with the court. The process includes:
- Filing a Petition in either estate court or juvenile court, depending on whether the ward is a child or an adult
- Letting people who are interested, like family members, parents, or other people with legal standing, know
- The evaluation and case include a court hearing and medical proof for adults.
- If the court agrees, it gives the person guardianship by issuing an order.
Responsibilities of a Guardian:
- Choosing health care options
- Picking where the ward lives and taking care of its daily needs
- Giving the court records once a year is normal.
How Long Does Guardianship Last?
The length of care depends on the following:
- Adults: Unless the court says the person has gotten their ability back or the guardian has been taken away or replaced.
- Guardianship for a short time: Most of the time, not more than six months.
How to Get Temporary Guardianship
Temporary guardianship is granted when decisions must be made immediately and the regular guardianship procedure cannot wait. Typical examples include:
- The primary provider is ill or in the hospital.
- In an emergency, defending a defenseless adult
How to Apply for Temporary Guardianship: You should immediately seek assistance from the court.
- Explain its meaning and provide evidence to support it.
- Attend a court hearing (usually in a hurry).
- Observe any guidelines the court establishes.
Unless it is prolonged or transformed into permanent care, temporary parenting typically ends after a predetermined period of time.
How Long Does It Take to Get Guardianship?
The standard guardianship process can take two to six months, depending on:
- Court schedules
- Whether the petition is contested
- Completion of evaluations or investigations
Emergency or temporary guardianship can be granted within a couple of weeks in urgent cases.
How to End Guardianship
A request must be made to the court to end legal care. If the court thinks that the protection is no longer needed, it can take it away.
- The adult can make choices again.
- Right now, a care is not the least limited option.
- There is no clear reason for the care.
People who want to can also ask the court to change or end the care. The court looks over the case and any proof that backs it up before making a choice.
Does having a power of attorney come before being a guardian?
No. Usually, guardianship comes first if there is both guardianship and power of attorney. A court-appointed guardian has the last word unless a judge says otherwise. If someone misuses their power of attorney, they can be put in care.
Final Thoughts
People who take care of others and have to deal with complicated family and legal issues need to know what guardianship, custody, conservatorship, and power of attorney are.
In a few words:
- Guardianship is a court process for people who can’t make their own decisions.
- In family law cases, kids usually get custody.
- Power of attorney means giving up power willingly.
- A conservator’s job is to take care of money, usually for people who are mentally ill.
- It’s important for both kids and adults to work with a lawyer who has a lot of experience and can help them through the process of getting formal care.
At Mozell Law Group PLLC, we help families keep their loved ones safe by making smart legal plans. Please tell us if you need help getting guardianship, ending official guardianship, or figuring out how to handle temporary care.
Call us right away to set up a consultation.
