Most often when the court appoints a guardian for a person (ward),  the guardian is given the authority to exercise certain legal rights on behalf of the ward, consequently removing individual rights from the ward. Due to the seriousness of this action, it is necessary that guardians be appointed only after other less restricted actions have proven ineffective.

The professional guardian does not take the place of a family member, although the guardian may form an emotional bond with the incapacitated person. The guardian may coordinate professional and personal services needed by the incapacitated individual and/or manage the person's assets.

A guardian’s authority is limited to those areas of decision-making, ordered by the courts, where there is evidence that a person is incapacitated or when a capacitated person has contracted voluntarily.

Five Types of Guardianship

• Voluntary: A capacitated person contracts voluntarily to have a guardian, usually for financial assistance only.

• Involuntary Limited: A person is partially incapacitated and some of his/her civil and legal rights are removed by court order after thorough  examinations.

• INVOLUNTARY PLENARY: A person is fully incapacitated and all of his/her civil and legal rights are removed by court order after intensive examinations.

• VA: This pertains to veterans and is regulated by federal as well as state statutes. It is initiated through the Veterans Administration and is monitored by them.

• Minor: This pertains to minors only. When a minor reaches the age of 18, if still in need of guardianship, a new order must be executed under adult statutes.

When the court appoints a guardian, the guardian may have the following responsibilities:

• Traveling or deciding living arrangements

• Refusing or consenting to medical treatment

• Consenting to and monitoring non-medical services such as education or counseling

• Releasing confidential information

• Making end-of-life decisions

• Maximizing independence in least restrictive manner

• Reporting to the court about the guardianship status at least annually

Estate is defined as both real and personal property, tangible and intangible, and includes anything that may be the subject of ownership. When the court appoints a guardian of the estate, the guardian may have the following responsibilities:

• Protecting assets and property

• Obtaining appraisals of property

• Receiving income for the estate

• Making appropriate disbursements

• Obtaining court approval prior to selling any asset

• Paying or collecting debts

• Lending or borrowing money

• Initiating, defending, or settling lawsuits

• Reporting to the court on the estate status

Website designed by Senior Providers