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What are the 2 types of guardianships?

There are two main kinds of guardianship. The first, which is known as testimentary guardianship, is an important part of wills. In a will, a parent can determine who a child, adult child with a disability or other minor in his or her care will be left in the care of in the case the parents are killed or unable to care for those who are unable to care for themselves.

Usually, this guardianship request will be upheld by the court, but it won't be in some cases. For instance, if the proposed guardian is unfit to parent a child, then the court will choose a new guardian. The same is true if the guardian is unwilling or unable to care for the ward. If you're in a position where you want to appoint someone as a guardian in your will or want to take guardianship over children or adults with disabilities left to your care, your attorney can help collect the correct documents to do so.

With temporary guardianship, the difference is in the fact that the child or adult with a disability is actually in the care of the guardian for a temporary length of time. The guardianship is normally used only for a short time before it's terminated. For instance, a foster family may have guardianship over a child until a parent is able to take custody once again. At that point, the temporary guardianship would be disbanded. This kind of guardianship is also known as a limited guardianship but can also be invoked in emergency situations.

Source: FindLaw, "Testimentary vs. Temporary Guardianship," accessed Dec. 08, 2015

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