GUARDIAN SHIP

A guardianship is an important legal role. The person who is a legal guardian is typically appointed by a probate court. A guardianship empowers the court-appointed guardian to make personal, medical, and financial decisions on behalf of another person who is referred to as the “ward”.

In most guardianship situations, the ward is either a child or an individual with severe mental or physical disabilities that prevent them from making decisions on their own behalf. In some states, a guardianship is called a “conservatorship”.

For example, typically a parent’s status as the legal guardian of their child ends when the child turns 18. However, a child may be incapable of caring for himself or herself because of a disability. In this situation, the parent might seek to extend their guardianship of their child into the child’s adulthood.

Another example would be an elderly parent who becomes mentally incapacitated and unable to make personal, medical and financial decisions. The adult child could seek to become the guardian of their elderly parent in this situation.

Guardianship is a matter of state law. Therefore, if a person feels the need to seek a guardianship for a disabled child, incapacitated elderly parent, or other person, it would be helpful to consult a family lawyer who is familiar with the laws regarding guardianship in the state where the person lives.