What is a guardianship?

A guardianship is a legal process in which someone who is not the parent of a child is appointed by a court to assume the legal authority and responsibility for the care, protection, and maintenance of the child. In West Virginia, guardianship may be established when either the parent or the court feels it is necessary to place the child in the care of someone other than his or her parent. When a guardianship is established, the appointed guardian is granted full legal and physical custody of the child. The court must find that a guardianship is in the child’s best interest before it approves the guardianship. In making a determination, the court will consider factors such as the age and health of the child, the child’s needs and preferences, and the guardian’s abilities and resources. The court may also consider any other factors that would be in the child’s best interest. Once the guardianship has been established, the guardian will have the legal responsibility to make decisions and take action on behalf of the child. This includes providing for the day-to-day care of the child, including medical and educational decisions, and managing the child’s financial resources. The guardian will also be responsible for the child’s physical and emotional well-being.

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What is a guardianship?

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