Guardianship and Accommodation: Who Will Look After the Child While Parents Are Far Away

When a minor international student enters a US school, guardianship becomes a mandatory requirement, not a mere formality. US states, through their child protection laws, require that every child under 18 has a local adult who can make decisions in the parents' absence. Without it, the school won't issue an I‑20 — and without an I‑20, there's no student visa.

Randolph‑Macon Academy's (Virginia) policy states explicitly: "We require that the parents of all international students appoint a US guardian for their son or daughter. ... The I‑20 form, required for the F‑1 student visa, will not be issued until a US guardian has been appointed and approved." The guardian must be over 25, a US citizen or hold a valid visa, and reside within 200 miles of the academy. More details — link.

In 2026, the requirements have become stricter, and navigating them will require careful attention.

Option 1: School as Guardian (Boarding Schools Only)

In boarding schools, this is the most common option. The student lives on campus, and the school takes on the functions of a guardian — at least during the academic year. However, even in this case, the school almost always requires an external "boarding student guardian" — a person who can pick up the child from campus in an emergency, provide temporary accommodation, and act as a point of contact for parents. This person doesn't have to live near the school, but they must be able to reach campus within a day.

Legal nuances. If the school acts as guardian, it typically handles medical decisions and emergencies during term time. However, for holidays, weekends, and long breaks, the school isn't responsible — the student must leave campus, and this becomes the external guardian's duty.

Option 2: Specialised Agencies and Host Families

If the school doesn't provide guardianship, or if the child attends a day school, professional agencies step in. They match the student with an American family that provides both accommodation and legal guardianship. Such agencies operate nationwide: for example, The Custodian USA has a network of 400 host families and 150 guardians. According to the company's website, all host families undergo thorough screening, and guardians have experience working with minor international students. Full details here: link.

How it works. The agency vets the family, conducts interviews, and handles the paperwork. The guardian gains the right to sign medical documents, communicate with the school, and make decisions in emergencies. Some agencies, such as Edu‑Icare, offer a full package: accommodation, guardianship, parent reports, and support with extracurricular activities.

Risks. The quality of services varies greatly. In 2026, NAIS introduced new standards for its member schools. Families must undergo annual criminal background checks, and homes must pass safety inspections. But not all agencies follow these standards. There's a risk of ending up with a family that isn't prepared for cultural differences or unable to provide adequate care.

Option 3: Relatives or Family Friends in the US

The most straightforward option — if relatives or close friends live in the US and are willing to take on guardianship. This provides emotional support and a familiar level of trust.

Requirements. The guardian must be over 25, have legal status in the US — preferably citizenship or permanent residency — and live in the same state, or at least within reasonable distance of the school. In some states, like California and New York, the guardian must live within 50 miles of the school. In Texas and Florida, citizenship or permanent residency is required.

Documents. You'll need a notarised power of attorney from the parents, translated into English and apostilled. In some states — New Jersey and Washington, for example — a court order granting guardianship is also required.

Risks. A relative may not fully understand the scope of responsibility — from signing medical documents to arranging accommodation for holidays. And if something goes wrong — for example, the relative moves or faces their own problems — the child could be left without a legal representative.

Legal Nuances: Guardian's Rights and Power of Attorney

A guardian in the US isn't just a "contact person" — they have the legal right to make decisions in the parents' absence, especially medical ones: signing consent for treatment, communicating with doctors, and making emergency decisions. Without a guardian, the child may not even be admitted to a hospital.

Two documents are needed to formalise guardianship: a power of attorney from the parents, giving the guardian decision‑making authority, and the guardian's written consent, usually approved by the school. In 2026, NAIS introduced a standardised document format for its member schools, though forms still vary by state — California requires proof of residence within 50 miles, while New York requires a criminal background check.

Important: a guardian and a host family are not the same thing. A guardian is a legal role. A host family may provide accommodation and meals, but without guardian status, they cannot sign medical documents or make decisions on the parents' behalf. In 2026, NAIS explicitly prohibited substituting one for the other.

What Changed in 2026: New NAIS Requirements

In June 2026, the National Association of Independent Schools (NAIS) issued a uniform standard for the guardianship of minor international students. This isn't a recommendation — it's a mandatory rule for all member schools, which includes virtually all top US boarding schools.

Three main changes:

1. The guardian must be a US citizen or permanent resident, over 25, and live within a 2‑hour drive of the school. Remote or "virtual" guardians are no longer accepted.

2. A mandatory criminal background check covering the last 5 years — any record of offences, from DUI to more serious charges, disqualifies the candidate.

3. The school must verify the guardian each semester. If the guardian changes, all documents must be updated within three days, or the student's SEVIS status may be revoked.

These changes affect not just new students, but also those already enrolled — all schools were required to re‑certify guardians by September 2026.

Which Option to Choose: A Comparison

In Summary

Guardianship for a minor international student in the US is a legal requirement — without it, the child cannot get a visa or study. In 2026, NAIS introduced uniform standards that tightened requirements and made the system more transparent. A boarding school may take on guardianship itself, but only for the duration of the academic term. Agencies offer a full "housing + guardianship" package, but the quality varies widely. Relatives in the US are the most reliable option, but they must meet strict requirements — age, legal status, proximity to the school, and a clean criminal record.

The key point: a guardian and a host family are different. The guardian makes decisions; the family provides daily care. And in 2026, substituting one for the other is no longer allowed. Start arranging guardianship at least 6–12 months before admission — especially if you're relying on relatives, who may need time to gather documents and confirm their status.