What is a guardianship?
A guardianship is a legal right given to a person or entity to be responsible for a person deemed incapable of providing these necessities for himself or herself. A guardianship may be established for personal matters, financial protection, or both.
What is a guardianship of the person?
When the court appoints a guardian of the person, the guardian may have the following type of responsibilities:
• Determine and monitor residence.
• Consent to and monitor medical treatment.
• Consent and monitor services such as education and counseling.
• Make end-of-life decisions.
What is a guardianship of the estate?
"Estate" is defined as 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 is assigned the following type of responsibilities:
• Receive income.
• Pay debts and expenses.
• Apply for benefits.
• Marshall and protect assets.
• Obtain court approval prior to selling certain assets, such as a house.
Who may be a guardian?
A guardian may be a family member, friend, or a public or private entity appointed by the court. The Court may appoint one guardian for the person and another for the estate. A good guardian will take into account the wishes and desires of the protected individual when making important decisions about residence, medical treatments, and end-of life decisions.
Does a guardianship last forever?
Ideally, the rights of the individual are restored if the condition that required the guardianship is resolved. For example, an alcoholic who has successfully completed treatment may petition to terminate the guardianship. In many instances, such as the case of individuals with long-term disabilities or conditions of aging, once a guardianship has been initiated by a court, it is in place until the incapacitated person dies.
Must the guardian report to the court?
Yes. The Guardian must provide a report to the court on a regular basis. Typical reporting schedules are once a year or every three years.
Karen has experience representing professional certified guardians as well as individual families.