Guardianship and caring for someone else’s child

Caregiver’s Authorization Affidavit

When a child lives with a relative or other adult, the caregiver can use a Caregiver’s Authorization Affidavit to enroll the child in school and, in many cases, consent to school-related medical care. It is a form the caregiver signs; it does not go to court and does not change who has legal custody. Parents can still make decisions for the child.

Probate guardianship

A probate guardianship is a court case in which a judge appoints a non-parent as guardian of the person (custody and care), guardian of the estate (the child’s property), or both. People seek guardianship when parents are unable to care for a child, for example because of illness, incarceration, or substance use.

1. Petition. The proposed guardian files a petition in the superior court where the child lives.
2. Notice. Parents and certain relatives receive notice. Parents can consent or object.
3. Investigation. Many courts have a court investigator or social worker look into the home and the proposed guardian.
4. Hearing. The judge decides whether guardianship is in the child’s best interest.

A guardianship generally lasts until the child turns 18, unless the court ends it earlier. Parents can ask the court to end it. Guardianship does not terminate parental rights, unlike adoption.

Naming a guardian in advance

Parents can name a preferred guardian in a will or other writing. The court considers that choice but still decides based on the child’s best interest.