Navigating guardianship eligibility in the USA often begins with understanding who can serve as a guardian and under what circumstances. Whether you’re seeking to care for a child whose parents are unavailable or safeguard the interests of an adult facing incapacity, the process is complex, varies by state, and prioritizes the ward’s best interests. This guide answers the key questions: Who can be a guardian in the United States? and How does guardianship for minors vs. adults differ?

Who Is Eligible for Guardianship in the USA?

General Guardianship Requirements

Guardianship is a legal tool that enables an appointed adult—the guardian—to make decisions for someone else—the ward—when they cannot do so for themselves. This applies to children, adults with disabilities, and seniors experiencing incapacity.

  • Guardian eligibility: Nearly all states require a guardian to be at least 18 years old, of sound mind, and a legal resident of the United States (citizenship is not always required, but residency often is).
  • Background checks: Applicants must pass criminal background checks and, in some cases, child abuse registry checks. Certain convictions may disqualify an individual from guardianship, but the rules vary by state.
  • Good moral character: Courts look for evidence of stability, responsibility, and the ability to care for the ward properly. Financial stability—not wealth, but the means to meet the ward’s needs—is also considered.
  • Court discretion: Ultimately, a judge decides guardianship based on what is in the best interest of the ward—minors’ preferences may be considered if age-appropriate.

Guardianship for Minors: Who Can Apply?

When a child’s parents are unable or unwilling to care for them—due to death, illness, incarceration, or other reasons—a court may appoint a guardian for the child’s protection and care.

  • Who can petition: Any responsible adult—not just family members—can petition to become a guardian if they meet legal and ethical standards. Relatives, friends, and even licensed foster parents may be considered.
  • Residency: Most states require the guardian (or at least the petitioner) to be a state resident for a set period before filing.
  • Special cases: Some children may be eligible for Special Immigrant Juvenile (SIJ) status, a federal immigration classification for youth under 21 who are unmarried, in specific juvenile court proceedings, and meet other criteria.
  • Court process: The process involves filing a petition, background checks, interviews, and sometimes a home study. Court interventions ensure the child’s safety, stability, and well-being are prioritized.

Guardianship for Adults: When Is It Needed?

When an adult loses the capacity to manage their own affairs due to illness, disability, or advanced age, a court may appoint a guardian (sometimes called a conservator depending on the state).

  • Capacity determination: A court, often with medical evidence, must find the adult incapacitated—unable to make safe, informed decisions about their health, finances, or daily life.
  • Who can petition: Family members are preferred, but friends, agencies, or public guardians can also apply if family is unavailable.
  • Types of guardianship: Courts may appoint plenary (full), limited, or temporary guardians depending on the adult’s needs.
  • Least restrictive alternatives: Before full guardianship, courts encourage exploring supported decision-making agreements and other less restrictive options.

Who Can Be a Guardian in the United States?

Almost any competent adult—whether a family member, friend, or unrelated individual—can petition to become a guardian if they pass the background checks and demonstrate the ability to care for the ward. Courts balance the ward’s wishes (when possible), family relationships, and the applicant’s suitability to make the best decision.

Guardianship is not just for U.S. citizens. Legal residency is typically required, but citizenship is not always necessary—green card holders and, in some jurisdictions, undocumented residents may be considered, though rules vary by state.

Guardianship for Minors vs. Adults: Key Differences

Aspect Minors (Children) Adults (Incapacitated)
Main Reason Parents unable/unwilling to care Loss of decision-making capacity
Who Can Petition Any responsible adult (family or non-family) Family preferred, but others allowed
Court Focus Child’s best interest, stability, safety Incapacity, least restrictive alternative
Residency State residency is often required Typically U.S. residency required
Special Status SIJ status possible for qualifying minors Not applicable
Types Temporary, permanent, emergency Plenary, limited, temporary

Steps to Become a Guardian in the USA

  1. Determine eligibility: Ensure you meet age, residency, and background requirements for your state.
  2. File a petition: Submit formal paperwork to the appropriate court in the ward’s county of residence.
  3. Undergo background checks: Complete criminal, child abuse, and possibly credit and health checks.
  4. Attend hearings: Participate in court proceedings where a judge evaluates your suitability and the ward’s needs.
  5. Receive court order: If approved, you’ll be legally authorized to act as guardian.

Choosing the Right Path

Before pursuing guardianship eligibility in the USA, consider whether guardianship is truly necessary—courts increasingly favor supported decision-making and less restrictive alternatives for adults. For children, the focus remains on permanency and stability.