What is Guardianship?

Guardianship is the legal process for the court adjudication of disability of a person (the ward) and the appointment of a separate individual (the guardian) to make decisions and take care of the personal and/or financial affairs of the ward. An individual can be deemed disabled due to various reasons such as being a minor, being incapacitated due to developmental disability, or suffering an accident or illness.

Different Types of Guardianship

·         Guardianship of the Person – This involves making decisions regarding the ward's daily care, living arrangements, medical treatment, education, and other personal matters. 

·         Guardianship of the Estate or Property – This type of guardianship involves managing the ward's financial affairs, assets, and property. The guardian is responsible for handling the ward's income, paying bills, managing investments, and making financial decisions on behalf of the ward.

Put the Castle in Your Corner for All Your Legal Needs

The process of obtaining guardianship involves filing a petition in court, providing evidence or documentation that demonstrates the ward's incapacity, and having a hearing where a judge determines whether guardianship is necessary and appoints a suitable guardian. Court oversight ensures that the guardian acts in the best interest of the ward and is accountable for his/her actions.

Guardianship is a significant legal responsibility, as it limits the ward's right to make decisions for him/herself. Therefore, it is typically considered a last resort when other alternatives, such as power of attorney or supported decision-making, are not feasible or sufficient to meet the individual's needs.

The attorneys of Castle Law will discuss and guide you through the Guardianship process.