There are cases that children do not or most likely will not be adopted. In these cases, guardianship can be an option. Older foster children that do not want to be adopted, and want to have a stable home, then guardianship may be the best option.

The foster family must be willing to do long term care also. In some case the foster family has wanted to adopt the child but the child does not want to be adopted. Guardianship can be the answer for both parties. Parental rights do not have to be terminated, and they can still have rights for visitation in some cases.

For a foster child, this can keep her from living in the foster care system and moving from placement to placement. Guardianship can also benefit kinship foster placement by allowing the child to stay connected to their birth family.

Some states do offer subsidies to foster families that choose to become legal guardians to a foster child. Also, in some states the foster child can keep her Medicaid and may be eligible for college monies. Guardianship can ease the routine parenting things like medical treatment, education, school pictures and out of state trips.

Guardianship is a huge responsibility for you to commit to. You will become legally responsible for that child and to the court. As the legal guardian, you are responsible for decisions concerning the child. Guardianship will automatically end when the child reaches the age of 18, marries, is adopted, is emancipated by court order, enters military services and/or dies. You may petition the court for termination of guardianship, but it has to be in the best interest of the child.

The state will still be involved annually or in some states more often to ensure that the child is still living with there and being cared for. Guardianship is a way to allow children to have a family and create more permanence when adoption is not an option.


Related artilces at adoption.com:

Guardianship

Legal Options for Relative Caregivers