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.

Guardianship may also be appropriate an adult who, because of a physical or mental condition, is substantially unable to:

• provide their own food, clothing, or shelter;

• care for their own physical health; or

• manage their own financial affairs.

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.

Laws regarding the various types of guardianships available vary from state to state and are often located in a state's statutes.

In Michigan, guardianship is a legal relationship established by the court where a guardian is appointed to make decisions for a ward, who is either a minor or an incapacitated adult. For minors, parents can designate a guardian in their will or other estate planning documents to take over care if both parents pass away before the child reaches adulthood. If a minor's living parent is becoming incapacitated, they can also initiate a legal process to appoint a guardian. In cases where parents are unfit or unable to care for their child, the court may appoint a guardian. For adults, guardianship is appropriate when an individual is unable to manage their own basic needs or financial affairs due to a physical or mental condition. The guardian is responsible for the ward's daily care and financial management. This guardianship arrangement is not permanent and typically ends when a minor reaches the age of majority, which is 18 in Michigan, or when the ward's parents can resume care. For wards with special needs, guardianship may continue into adulthood. Unlike adoption, guardianship is temporary and subject to court supervision. Michigan's laws on guardianship are detailed in the state's statutes, which outline the process for establishing and terminating guardianship, as well as the duties and responsibilities of guardians.