Explainer · Learn

Guardianship, Custody, and Power of Attorney

What these three terms generally mean and why the difference matters for caregivers.

Visit USA.gov — Legal Aid
Who it's for
Outside Caregiver, Inside Parent
Child / youth age
All ages
Geography
State
Action type
Learn
Reading time
About 6 min
Last verified
August 2026

What this is

A plain-language explanation of the arrangements that determine who may make decisions for a child, written for general understanding rather than as legal advice.

Why it matters

Caregivers are often told to 'get guardianship' without being told what it changes, costs, or requires. Understanding the categories makes the conversation with a legal professional far more productive.

What you should know

  • Custody generally refers to legal decision-making and physical care, often decided in family court.
  • Guardianship generally gives a non-parent authority to make decisions for a child; procedures and names vary by state.
  • A power of attorney is usually narrower and temporary, and can often be revoked by the parent.
  • Some states have specific, simpler forms for relatives caring for a child.
  • School enrollment and medical consent rules do not always require full guardianship — ask what the specific institution requires.
  • This is general information only; state law governs and an attorney or legal-aid organization should advise on your circumstances.

Talk about it

Agree as adults on the one question you will bring to a legal-aid intake call.

Your next step

Write down which decisions you are currently unable to make, and take that list to legal aid.

The information provided through The #FKLM Family Blueprint is for general educational purposes and is not legal advice. Laws and policies differ by jurisdiction and may change. Families needing advice about their individual circumstances should consult an appropriately qualified attorney or legal-services organization.

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