Posted on January 9, 2023
What Is Guardianship?
Guardianship is a legal process in which an individual appointed by the court to manage the affairs of another person (the ward) is responsible for making decisions on that person’s behalf. The guardian has the same rights and responsibilities as the ward, except where specifically limited by law. In most cases, guardianship is created when a person who can legally make decisions on their own is unable to do so because of a mental or physical incapacity.
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There are several types of guardianship: guardianship of adult persons; conservatorship; and special needs guardianships. Guardianship of adult persons is typically used when someone over 18 years old cannot handle their own affairs due to age, mental illness, or an intellectual disability. Conservatorship is used when someone can still make decisions but needs help managing their finances or carrying out essential daily activities. Special needs guardianships are created when there is a need for extra care and supervision because the person receiving it may have a disability, be elderly, or have some other unique need.
To become a guardian, you must file a petition with the court and provide evidence that you are able to meet the legal requirements set forth by statute. Once appointed, you must continuously discharge your duties as guardian according to the terms of your appointment. If you fail to discharge your duties properly, the court may remove you from office or appoint another guardian in your place.