In many ways, adoption and guardianship are similar in terms or responsibilities and requirements. However, they serve extremely different functions and are governed under very different parts of the law. Let’s take a close look at the similarities first.
The similarities between adoption and guardianship
Guardianship and adoption are both formal relationships awarded to people who have taken responsibility for another. This grants them a certain amount of the power to make:
- Medical decisions
- Educational decisions
- Financial decisions
- Residence decisions
Additionally, these powers last as long as parental relationship lasts. That means, when the minor reaches the age of majority, the child has full power over their own decisions. However, the relationship goes even deeper than the legal powers. It is a formal recognition of the connection and care between two people.
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The major differences between guardianship and adoption
The most glaring difference between the two legal relationships is duration. An adoption is a permanent relationship, and the biological parents have no grounds to recover custody of their children. Adoption is building a family and those who are the adopted parents are the legal parents.
Guardianship is meant to be temporary, although it is not uncommon for a temporary guardian to hold that position for nearly a person’s entire childhood. A biological parent, if they’re able, can petition to recover custody of their children.
Can you get guardianship of an adult?
This is a common misconception, but no. In California, the role of the person who can take over a person’s personal affairs when they are unable is a “conservator.” This is handled through a completely different legal code.
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What’s right for your situation?
Is it right to adopt or become a guardian? If you are caring for a child, this is inevitably a question you will ask yourself. It all depends on your perspective and goals. In many cases, a guardian can officially petition to adopt the child in their care.
How you choose to move forward is your choice. We can help you find the right legal strategy to secure that choice.
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