Guardianship

Guardianship is a legal arrangement in which a court appoints a guardian to make decisions for another person who cannot manage their own affairs due to age, illness, or disability. The person under guardianship is called the ward, and the guardian has a fiduciary and protective duty to act in the ward’s best interests.

Guardianship may cover personal matters, financial matters, or both. Guardianship of the person involves decisions about the ward’s living arrangements, healthcare, education, and daily routines. Guardianship of the estate, or conservatorship in some jurisdictions, involves managing assets, income, and debts. The arrangement can be for minors or adults deemed incapacitated.

The guardianship process typically begins with a petition to a court, supported by medical or psychological assessments and notices to interested parties. A judge may appoint a temporary guardian pending a full hearing. If guardianship is granted, the guardian must follow court orders, provide reports, and avoid self-dealing.

A guardian’s powers are defined by statute and court orders and may be limited to certain acts or broad in scope. Personal guardianship authorizes decisions about residence, healthcare, and education; financial guardianship authorizes management of income, assets, and bills. Guardians must maintain records and account to the court and, in some systems, to the ward when capable.

Guardianship can be modified or terminated when the ward regains capacity or dies, or if less restrictive arrangements are put in place, such as powers of attorney or supported decision-making. Because laws vary by jurisdiction, it is wise to consult local statutes or an attorney for specific guidance.