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 New Jersey, guardianship is a legal mechanism where a guardian is appointed to care for a minor (a ward) or an adult who is unable to care for themselves due to physical or mental incapacity. Parents can designate a guardian for their minor children in their will or estate planning documents to ensure care in the event of both parents' death or incapacity. If a child's parents are unable to care for them, or if there is only one living parent who anticipates becoming incapacitated, they may seek to have a guardian appointed through the court. Similarly, for adults who cannot manage their own basic needs or financial affairs, a guardian can be appointed by the court. The guardian is responsible for the ward's daily needs, including food, clothing, shelter, education, health care, and financial matters. Guardianship is typically temporary and subject to court supervision, ending when a minor reaches the age of majority (usually 18) or when the ward's parents are able to resume care. For wards with special needs, guardianship may continue into adulthood. This is distinct from adoption, where adoptive parents permanently assume parental responsibilities. New Jersey's specific statutes and regulations govern the appointment, duties, and oversight of guardianships within the state.