What is Guardianship of a Minor?

 People ask what is Guardianship of a Minor?  It is a legal process of a child that is under the age of 18 and seeking custody for that child who is not under the parent’s care.  Massachusetts can give custody and care of a child to a guardian; either if the parent’s assent or if the Court finds that the parent(s) is unable or unavailable to provide care. This can be specialized care for the unique needs of a child in circumstances where the parent might not otherwise be unable or unwilling to care for the child, but because of the specific needs.

In addition, the guardian takes the role of the parent with the idea of providing a stable home in making the decision regarding the child’s health, education and safety.

What is the Difference in Massachusetts in Guardianship’s between the Best Interest of the Child vs. the Unfitness of a Parent?

If a parent does not consent to the guardianship, the Court must find that the parents are unfit, unable or unwilling to parent. Even if it would be in the child’s best interest to be with the guardian, the first step is to show that the parents are unfit.  Sometimes the parent can meet the minimum fitness level even though the child will be better off with a guardian. So, the first prong is to show that the parents are unfit, unwilling or unable to parent that child before a guardianship is likely to be granted.

What is the Difference between a Guardianship and a Caregiver’s Authorization Affidavit?

Sometimes if a parent is not unfit and can care for a child, but the child is living with non-parent, such as an aunt, uncle or grandparent.  A middle ground might be the parents signing a Caregiver’s Authorization Affidavit, where the parent keeps the custody of the child, but names the relative or non-parent as the caregiver.  They would then share legal power to make healthcare and educational decisions for the child.  It allows the caregiver’s relative to go to the school, go to doctors’ appointments, and make those kinds of decisions; while still allowing the parent to not give up most of their legal rights that they would in a guardianship or their decision making as well.  A parent can also revoke the Caregiver’s Affidavit at any time.