When a child cannot remain in the care of their parent or parents, there are legal options that allow another trusted adult to help care for the child. Below is a general overview of Power of Attorney (POA), guardianship and adoption, including how each option differs in legal authority, parental rights, court involvement and permanency.
Every family’s situation is different, and the right option depends on the needs of the child, caregiver and parents involved. This information is intended as a general guide and is not legal advice.
Comparing Your Options
Power of Attorney (POA)
A temporary arrangement that allows a parent to give another trusted adult limited authority to care for a child, including school and healthcare decisions.
Guardianship
A court-approved arrangement that allows another adult to take on most caregiving responsibilities for a child when parents are unable to provide care.
Adoption
A permanent legal arrangement where an adult becomes the child’s legal parent with full parental rights and responsibilities.
How to Get a POA
The parent completes and signs a Power of Attorney form in front of a notary public. Court involvement is not required.
How Guardianship is Established
A petition for guardianship must be filed with the court. A judge reviews the case and decides whether guardianship should be granted.
How Adoption is Finalized
A petition for adoption is filed with the court. The adoption process must be approved and finalized by a judge.
POA Highlights
- Maximum of 6 months
- Signed with a notary
- Attorney not required
- Parents keep all legal rights
- Child may still qualify for Medicaid if eligible
- Cannot add child to caregiver’s health insurance
- Parent can revoke at any time
Guardianship Highlights
- Reviewed annually and may last up to 3 years
- Court involvement required
- Attorney recommended due to complexity
- Guardian can make school and medical decisions
- Parents may still have visitation and financial responsibilities
- Child may qualify for Medicaid if eligible
- Health insurance coverage depends on the provider
Adoption Highlights
- Permanent legal arrangement
- Court approval required
- Attorney recommended due to complexity
- Adoptive parents receive full legal rights
- Birth parent rights are terminated
- Child can be added to health insurance
- Child may receive Medicaid if adopted from foster care
- Child’s name can be changed
Duration of a POA
Temporary - up to six months
Duration of Guardianship
Evaluated each year; maximum 3 years
Duration of Adoption
Forever
Does a POA Require Court Involvement?
No, court involvement is not required.
Does Guardianship Require Court Involvement?
Yes. Guardianship requires court approval and ongoing court review.
Does Adoption Require Court Involvement?
Yes. Adoption must be approved by the court, but there is usually little to no ongoing court involvement after the adoption is finalized.
What Rights Are Given Through a POA?
Parents keep all legal rights and responsibilities, while the caregiver can make limited school and health care decisions for the child.
What Rights Are Given Through Guardianship?
Guardians can make most decisions for the child, while parents may still keep some rights depending on the court order.
What Rights Are Given Through Adoption?
Adoptive parents receive full legal rights and responsibilities for the child, and birth parents no longer have legal rights after the adoption is finalized.
Situational Guidance
- The caregiving situation is expected to be temporary
- A parent is still able and willing to maintain legal rights
- You need limited authority to help with school or medical decisions
- The child may return to the parent’s care soon
- You want to avoid court involvement
- All parties agree on the arrangement
- A child will likely be living with you for an extended period of time
- Parents are currently unable to provide daily care
- You need broader authority to make decisions for the child
- School, medical, or legal providers require a court order
- More stability is needed than a temporary arrangement can provide
- Ongoing court oversight is appropriate for the situation
- You are seeking a permanent legal relationship with the child
- The child needs long-term stability and permanency
- You are prepared to take on full parental rights and responsibilities
- Birth parent rights will be terminated
- You want the ability to make all legal, medical, educational, and financial decisions for the child
- You want the child to become a permanent legal member of your family