What is the difference between guardianship and adoption?

Guardianship and adoption are both legal processes that involve parental rights and responsibilities, but there are important differences between them. Guardianship is a legal process for appointing an adult to make decisions on behalf of a minor or an adult who can no longer make decisions for themselves. This type of guardianship is known as conservatorship or guardianship of an estate. The guardian is responsible for taking care of the person, making sure they get proper medical care, providing them with a safe home, and protecting their financial assets. Guardianship does not grant the guardian any legal rights to the minor or adult, and the legal responsibility of the guardian may end at any time. Adoption, on the other hand, is a legal process that permanently transfers the legal rights of parenting from birth parents to adoptive parents. In New York, adoptive parents receive all of the legal rights and responsibilities of a birth parent once the adoption is finalized. This includes the right to make decisions about the child’s upbringing, education, and medical care. Adoption is considered to be a permanent arrangement, and adoptive parents are given the same rights and obligations as biological parents. Both guardianship and adoption are important legal processes that protect the rights, safety, and well-being of children and adults. However, it is important to note that they are two distinct processes with different implications.

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