Who has the parental rights when a guardianship agreement is established?

In the context of a guardianship agreement, the appointed guardian assumes the rights and responsibilities for the care and decision-making for the child. When a legal guardianship is established, it typically implies that the biological parents have either voluntarily relinquished their rights or been deemed unable to fulfill their parental obligations.

This means the appointed guardian, who may not be the biological parent, is granted the authority to act in the best interests of the child. This includes making decisions regarding the child's education, healthcare, and general welfare. The guardian's role is fundamentally tied to the legal transfer of these responsibilities, highlighting their importance in the child's life as a substitute parent figure.

While biological parents may still retain some legal rights in certain circumstances, the presence of a guardianship agreement signifies a shift in primary responsibilities to the guardian. The state also plays a role in establishing the guardianship, often having the authority to enforce or modify it when necessary, but it does not assume parental rights in the way that a guardian does.