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A guardianship of a minor child is a state court process where a judge appoints a guardian to act in the place of a parent of the minor child. A legal relationship is created between the guardian and the minor child, allowing the guardian to care for and make decisions on behalf of the minor child. Any person whose appointment is in the best interests of the minor child may be appointed guardian by a state court. A guardianship does not terminate or sever the parent’s parental rights.

A Power of Attorney appoints a person called the Attorney in Fact to step into the shoes of the parent and make decisions for the minor child. A Power of Attorney does not create a guardianship. The Power of Attorney cannot last more than 6 months. The Attorney in Fact must be a responsible adult and does not need to be related to the parent or the minor child.