Overview of guardianships of a minor

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A guardian of a minor is a person that is appointed by a court to act in place of a parent concerning a child's support, care, education, health, and welfare. Guardians must at all times act in the child's best interests. A minor is a child under 18 years old.

There are two types of guardians for minors:

  • Temporary Guardians
  • Permanent Guardians
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Who are the parties in a guardianship of a minor case?

Parties are normally the named people in a court case. For example, if the case is called John Doe v. Jane Smith, John Doe and Jane Smith are the parties in the court case. A guardianship case is normally named after the child, such as Matter of Jack or Guardianship of Jill.

The parties in a guardianship case are usually:

  1. The minor: a child who is under 18 years old. The court may also call the child a “ward” or “subject child.”
  2. The petitioner: the person who filed for the guardianship.
  3. The respondent: the parent of the child.
  4. An interested party: any person who must be notified about a petition to appoint or remove a guardian or change an existing decree of guardianship. An example of an interested party would be the parents, an authorized caregiver for the child, or the Department of Children and Families (DCF) if the child is currently in their custody.

The court has instructions about how to give notice after filing for a guardianship, which includes a list of who could be an interested party in the guardianship of a minor. You can find that list here: Petition for the Guardianship of a Minor -  Instructions for Notice.

Am I entitled to a court appointed attorney for a guardianship case?

You may be entitled to a court appointed attorney if you are the parent or child in a guardianship case. An appointed guardian may also be able to have the court appoint them an attorney. For more information, see The Right to a court-appointed lawyer in a guardianship case.

What is the difference between a temporary guardian and a permanent guardian?

The main difference between a temporary and permanent guardian is the length of time for which the guardian is appointed.

A court will appoint a temporary guardian of a minor for a maximum of 90 days at a time. A judge could order less than 90 days for a temporary guardian of a minor, and they can also add more time on after the first order ends. For more information about how the court appoints a temporary guardian, see Court appointment of a temporary guardian.

A court will appoint a permanent guardian of a minor until a child turns 18 years old, or until the court makes a different order. For more information about how the court appoints a permanent guardian, see Court appointment of a permanent guardian.

Who can become the temporary or permanent guardian of a minor?

The court can appoint any person if it decides that the appointment is in the child's best interests.  In general, this could be a relative of the child or a family friend. The minimum requirements are that the person is:

  1. At least 18 years old,
  2. Lives in the United States, and
  3. Not have a criminal record including child abuse or neglect.
When would the court appoint a temporary guardian of a minor?

The court will appoint a temporary guardian for a child only if the judge believes:

  1. A guardian is necessary to stop serious harm to a child’s health, safety, or wellbeing, and
  2. There is no one else, such as a parent or other guardian, who is able to be responsible for and care for the child.

In particular, the Massachusetts law states that there needs to be “substantial harm to the health, safety or welfare of the minor (child) occurring prior to the return date (the evidentiary hearing date), and no other person appears to have authority to act in the circumstances. . . .” If you’d like to read the full law, you can review it here: Massachusetts General Law, Chapter 190B, Section 5-204(b). For more information, see Court appointment of a temporary guardian.

When would the court appoint a permanent guardian of a minor?

The court can appoint a permanent guardian for a minor if:

  1. The child's parents have passed away or are incapacitated,
  2. The parents agree to the guardianship,
  3. The parents have had their parental rights terminated, 
  4. The parents have signed a voluntary surrender, or 
  5. The court finds the parent or parents of the child to be unavailable or unfit to have custody.

If you’d like to read the full law, you can do so here: Massachusetts General Law, Chapter 190B, Section 5-204(a).

A decision about a permanent guardianship comes after a trial or evidentiary hearing—a formal court hearing where witnesses explain their side of the story (called giving testimony) and documents are given to the judge (called offering exhibits to the court). You can learn more about the process to appoint a permanent guardian of a minor here: Court appointment of a permanent guardian.


If you have an upcoming hearing to decide whether a permanent guardian should be appointed, you may have the right to a court-appointed attorney. For more information, please read: The right to a court-appointed lawyer in guardianship cases.

What can a guardian of a minor do for the child?

The temporary or permanent guardian can do the same things that a parent of the child could do. For example, the guardian can:

  • Have the child live with them,
  • Decide where the child goes to school, meet with teachers, and make decisions about their education,
  • Be involved in the child’s life to know his or her abilities, limitations, needs, opportunities, physical health, and mental health,
  • Take reasonable care of the child's personal property,
  • Access the child’s bank account to support the child’s current needs for support, care, education, and welfare,
  • Save money for the child for his or her future needs.

For more information, you can look at the law concerning the duties of a guardian here: Massachusetts General Laws chapter 190B, Section 5-209.

Does a guardian control the child's property?

No.  A guardian does not have power or control over the child's property.  If a child has property that needs to be managed or controlled, the court appoints a conservator.

When does the guardianship of a minor end?

The guardianship of a minor ends either when the child turns 18 years old or if the court orders that the guardianship should end based on someone’s petition to end the guardianship.

For more information on the end of a guardianship, see How to end a guardianship of a minor?

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