What is a guardianship?
The term “guardianship” is used in a variety ways.  The term generally means a legal relationship that is created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults.  In some states, guardianship is called a “conservatorship”.   To become a guardian of a child either the party intending to be the guardian or another family member, a close friend or a local official responsible for a minor's welfare petitions the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. In some cases, a will may indicate whom the parent wishes to have appointed as the guardian of a minor child.  Although courts are not required to honor these requests, they typically construe such requests and follow the will of the parent.  The term "guardian" may also refer to someone who is appointed to care for and/or handle the affairs of a person who is incompetent or incapable of administering his/her affairs.

What is a guardianship for children and youth in foster care? 
Guardianship is one permanency goal that may be pursued for children and youth in foster care.  The Adoption Assistance and Child Welfare Act of 1980 recognized legal guardianship as a permanency option and it remains so today.  Federal law defines a legal guardianship as a permanency option as:
A  judicially created relationship between a child and a caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person and decision making (42 U.S.C. section 675(7)).

Is there a difference between guardianship and custody?
The distinctions between guardianship and custody have been the subject of much confusion, even among legal professionals.   In general, court procedures for granting custody and for granting guardianship to a non-parent are the same.  There are many laws, however, that declare what “parents and guardians” can do and most of these laws do not include legal custodians.   These laws define certain decision-making powers only for parents and guardians.  An example is in the area of medical decision making:  medical providers may not accept the authority of a non-parent legal custodian to consent to medical treatment whereas they will accept the authority of a legal guardian.

What is a power of attorney? Is it the same as guardianship or custody?
An individual, called the principal, can sign a power of attorney that gives another person, called an agent, the right to make decisions about the matters specified in the document.  There are different types of powers of attorney.  If the principal limits the power of the agent to certain decisions, the document is called a specific power of attorney. If the principal does not limit the agent’s power, the document is known as a general power of attorney.

Example #1.  A parent might sign a specific power of attorney for a relative to be able to obtain medical care for her child over a specified period of time. 

Example #2.  A parent in extremely poor health might give a general power of attorney to authorize a trusted relative or friend to handle a wide range of decisions for his child, including enrollment in school, obtaining health care, and applying for benefits for the child.

If there is an end date for the power of attorney (see Example #1), the document is considered a standard power of attorney.  If there is no end date (see Example #2), the document is considered a “durable” power of attorney.