A probate guardianship of the person is set up because a child is living with an adult who is not the child’s parent, and the adult needs a court order to make decisions on behalf of the child. Generally, probate guardianships are for children under 18. In the case of immigrant youth who are seeking special immigrant juvenile status, the law allows a guardianship of the person to be requested (or extended) for a young person who is already 18 but still under 21. A guardianship is not the same as an adoption. Here are some differences:

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In a Guardianship:

• Parents still have parental rights.

• They can ask for reasonable contact with the child.

• The court can end a guardianship if the parents become able to take care of the child.

• Guardians can be supervised by the court.

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In an Adoption:

• The parents' rights are permanently ended.

• The legal relationship with the adoptive parents is permanent and is exactly the same as a birth family.

• An adopted child inherits from his or her adoptive parents, just as a birth child would.

• Adoptive families are not supervised by the court.