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 Virginia, guardianship is a legal relationship established by the court where an individual, known as a guardian, is given 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 meet their own basic needs or manage their financial affairs due to physical or mental disabilities. The guardian is responsible for the ward's daily needs, including food, clothing, shelter, education, healthcare, and financial matters. Guardianship for minors typically ends when the child reaches the age of majority, which is 18 in Virginia. However, it can be terminated earlier if the parents regain the ability to care for the child, or it may be extended beyond the age of majority if the ward has special needs. Unlike adoption, guardianship is a temporary arrangement and is subject to ongoing court supervision. Virginia's specific statutes governing guardianship outline the procedures for appointment, duties of the guardian, and circumstances under which guardianship can be modified or terminated.