Caregivers or Guardianship: Choosing the best option for a child

Also in
Show Endnotes
By
Community Legal Aid
Reviewed
Reviewed
Text

As your children grow, you might need extra help caring for them. This help can come from family, friends, or experts. Choosing who can help and how they can help is a big decision.

The good news is that you have many options! Some people can help for a short time, while others can help for longer. Some people can help with only a few things, while others can help with everything.

Need help deciding? Try our Care Type Finder:

If you need to figure out what's best for your family, we can help! Answer a few questions and receive suggestions:
Visit the Care Type Finder

If someone wants to be your child's guardian:

Are you in a situation where someone wants to become your child's guardian? Learn more about what to do if you want to object or you want to agree.

See all your options:

The table below shows the different care types. At the bottom are links to tools that will help you complete the necessary forms.

Care TypesCaregiverTemporary AgentGuardian
DetailsA caregiver supports the parent in caring for a child. They can only make decisions about medical care or schooling. A parent can limit the power of the caregiver.Temporary agents are like caregivers. They can act as the parent in every way. They can not consent to adoption. A parent can limit the power of the agent.A guardian is someone who assumes the role of a parent. A guardianship ends when the child turns 18 or a court ends the guardianship.
DurationUp to 2 years (renewable)60 days (renewable)Until child turns 18 years old
CostFreeFreeProcess Server fees may apply.
Handle Minor Money/AssetsNo Yes Yes
School & Medical YesYes Yes
Court Required?NoNoYes
Time to CompleteWhen signed When signed 

Temporary Guardianship: 10 days to 3 months. 

Permanent Guardianship: Up to a year.

Decision- making:Shared between the parent and the caregiver.Only on topics agreed to by the parent.Makes all decisions on behalf of the child.
Power to make legal decisions:Generally noneLimited to what’s agreed to by parentAny granted by the court
Proof of caregiver status:Signed documents. Some may ask for more verification.Signed documents. Some may ask for more verification.Certified copies of court order may be required.
Must live with the childYesNoYes
FormsStart Caregiver AffidavitStart Temporary Agent FormStart Guardian Forms
Was this page helpful?