Guardianships are legal devices that help protect individuals who are unable to take care of themselves or their estate. In a guardianship, the person protected is called the ward, and the person who is doing the protecting is the guardian. The guardian, once appointed by the court, acts and makes decisions for the benefit of the ward.
Who Wards Are Generally
Minor children are common wards, and a court will appoint a guardian when a child no longer has a parent capable of caring for the boy or girl. If the child is over twelve, he or she can choose the guardian, so long as the court approves of the choice.
Adults can also be wards, but must be incapacitated in some way before being appointed a guardian. Often this occurs with elderly adults who are suffering from dementia or Alzheimer's disease, or with other adults who have been injured or become ill to the point where they can no longer fully look after themselves.
Types of Guardianships
A guardianship can be either:
- Of a person, meaning that the guardian will care for the ward by looking after his or her best interests in whatever way the court has appointed
- Of an estate, meaning the guardian will look after the property, assets and investments of the ward, who is otherwise incapable of managing assets in his or her own best interests.
Only one person can be the guardian of a person or the guardian of an estate. However, if the court feels it is in the ward's best interest, two guardians can each manage the ward's person and estate respectively.
The Guardian's Obligations
A guardian doesn't necessarily have a set list of specific duties. However, the guardian should only take care of what the ward is incapable of doing. In all the actions a guardian does take on behalf of the ward, he or she has what is called a fiduciary duty. This basically means that the guardian must act in the best interests of the ward. Guardians who violate that duty can be subject to revocation of their guardianship and civil and criminal penalties.
If you need to establish a guardianship for a loved one, or if you believe that a loved one's current guardian is not acting in the ward's best interest, contact a local attorney to discuss your situation.
