Glossary of Terms

Agent. A person given the right to make decisions for another by a power of attorney.

Co-guardians:  Two people appointed by the court to share one or more types of guardianship for a child.

Conservatorship.  A term used in some states to refer to guardianship.
Durable power of attorney.  A power of attorney with no end date.

Emergency guardian.  An individual awarded guardianship in an emergency situation; may be used when the child’s immediate welfare is at stake.

General power of attorney.  A type of power of attorney in which the principal does not limit the agent’s decision-making power. 

Guardian of the estate of a minor.  A person designated by the court to oversee the child’s financial matters; may be a relative or an unbiased third party such as an accountant or attorney. In some states, the term conservator is used.

Guardian of the person of a minor.  An individual with the authority to take physical control and provide care for the minor; empowered to make decisions about medical care, education and other factors and events that would affect the child’s life.  

Guardianship.  A general term referring to a legal relationship that is created when a person or institution is named in a will or assigned by the court to take care of minor children or incompetent adults.  

Interim guardian.  A guardian  appointed by the court for a period of time until the court can appoint a permanent or replacement guardian.

Legal guardianship as a permanency option.  A guardianship defined in federal law 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).

Limited guardianAn individual whom the court gives authority over a specific aspect of the child’s life but nothing else.

Plenary guardian.  An individual appointed as guardian who oversees both the “person” of the child and the “estate” of the child and as a result, makes all the decisions on the child’s behalf.    

Power of attorney.  A legal arrangement in which an individual, called the principal, signs a document  that gives another person, called an agent, the right to make decisions about the matters specified in the document. 

Principal. Person signing a power of attorney to give another person (the agent) the right to make decisions. 

Specific power of attorney.  A type of power of attorney in which the principal limits the power of the agent to certain decisions.

Standard power of attorney. A power of attorney with an end date.

Standby guardianship. A form of guardianship in which a parent designates a certain person to be guardian for her or his children; the parent retains control over the guardianship; the guardianship may go into effect during the parent’s lifetime and may continue after the parent’s death; and the parent shares decision-making responsibility with the guardian. 

Subsidized guardianship.  A form of legal guardianship as a permanency option in which the state agency with custody of the child provides financial assistance to caregivers who assume legal guardianship of a child from out-of-home care; the subsidy may be paid with state funds only or with combined state and federal funds.

 

     
 
 
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