guardianships

Guardianships are a legal mechanism in which a court appoints a guardian to make personal and/or financial decisions for a person who cannot manage those affairs on their own. They are used for minors who lack capable parents or for adults who are incapacitated due to illness, disability, or injury. The term and its exact scope vary by jurisdiction, with some places using guardianship and conservatorship (or similar terms) to distinguish between personal decisions and financial matters. A guardian may be appointed for the person (decisions about health, living arrangements, and welfare), for the estate (managing property and finances), or for both, and in some systems these roles can be combined or limited.

Process and scope typically begin with a petition to a probate or family court. The court assesses incapacity, considers medical or psychological evaluations, and provides notice to interested parties. If incapacity is established, the court may issue a guardianship order specifying the guardian’s powers and any limitations. Guardianships are subject to ongoing court supervision, which may include periodic reports, accounting of funds, and, in some jurisdictions, the ability to remove or modify the guardian or to terminate the guardianship when capacity is restored or the ward dies.

Duties of a guardian are fiduciary and protective: to act in the ward’s best interests, manage assets prudently, provide for care and welfare, and keep records. The ward retains rights to due process and, where possible, to participate in decision-making. Alternatives to guardianship include powers of attorney, advance directives, and supported decision-making arrangements, which can preserve greater autonomy while providing for needed support.