Guardianship is a legal arrangement in which an individual (a guardian) is given legal authority and responsibility to care for another individual (a ward). Parents may appoint guardians of their minor children in a will or other estate planning document so if both parents die before their children reach the age of majority (become adults) the guardian will have the legal authority to care for the children. Or if a minor’s child’s only living parent expects to lose the ability to care for the child due to the parent’s deteriorating health or other incapacity, the parent may initiate a legal process to make an adult relative or friend the child’s legal guardian. And if a minor child’s parents are not fit or able to care for their child, the court may appoint a legal guardian.

A legal guardian is responsible for the ward’s daily care, including the ward’s food, clothing, shelter, education, health care, and financial needs. But a legal guardian’s responsibility is not permanent, and generally terminates when the minor child reaches the age of majority (usually 18). And if the ward’s parent or parents become able to care for the ward again, the court may end the guardianship. If the ward has special needs, the guardianship may continue after the ward becomes an adult.

The temporary nature of a guardianship, and the fact that it is supervised by the court, is different from the adoption process in which the adoptive parents assume the same responsibilities as biological parents.

In Alabama, guardianship is a legal mechanism where a guardian is appointed to care for another person, known as a ward, who is typically a minor or an incapacitated adult. Parents can designate a guardian for their minor children through a will or estate planning document, ensuring that the guardian has legal authority to care for the children if both parents pass away before the children reach adulthood. Additionally, a sole surviving parent facing a decline in health or other incapacity can initiate a legal process to establish guardianship for their child. In cases where parents are deemed unfit or unable to care for their child, the court may appoint a guardian. The guardian's responsibilities include overseeing the ward's daily needs, education, healthcare, and finances. This guardianship arrangement is not permanent and usually ends when the minor reaches the age of majority, which is 18 in Alabama. However, the court can terminate the guardianship earlier if the parents regain the ability to care for the child. For wards with special needs, guardianship may extend beyond the age of majority. Unlike adoption, guardianship is temporary and subject to court supervision, with the guardian not assuming the full legal status of a parent.