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 Colorado, guardianship is a legal relationship established by a court in which an individual, known as a guardian, is granted the authority and duty to care for another person, referred to as a ward. This arrangement is often used for minors whose parents are unable to care for them due to death, incapacity, or other reasons. It can also apply to adults who are unable to care for themselves due to physical or mental disabilities. Parents can designate a guardian for their minor children in their will or estate planning documents. If a minor's living parent anticipates becoming incapacitated, they can initiate a legal process to appoint a guardian. In cases where parents are deemed unfit, the court may appoint a guardian. The guardian is responsible for the ward's daily needs, including food, clothing, shelter, education, health care, and financial affairs. Guardianship is typically temporary and ends when a minor reaches the age of majority, which is 18 in Colorado, or when the ward's parents can resume care. For wards with special needs, guardianship may continue into adulthood. Unlike adoption, guardianship is supervised by the court and does not permanently sever the legal relationship between the child and their biological parents.