Guardianships

Guardianship is a legal device allowed in most courts to provide for the care of a person who, because of his physical or mental disabilities, is not capable of caring for himself. Some courts recognize “limited guardianships” in which the legal guardian is appointed with limited power to manage a person’s property or financial affairs. Many courts also recognize a full guardianship or “plenary guardianship” in which the guardian is given broad power to regulate and manage all aspects of a person’s life, health, decision-making, property and financial affairs.

Guardianships may be temporary or permanent and they may come with many procedural requirements. Legal guardians are usually required to maintain records, and to file reports with the court.

Before a person can be appointed as a guardian, he or she generally needs to file a petition or complaint for guardianship. A court may require medical reports, affidavits, or other documentation attesting to the need for a guardian and the appropriateness of the applicant to be appointed as the guardian. The “ward,” or person for whom the guardian is needed, may be examined by an independent physician to determine his or her physical or mental condition. Often, the court requires an attorney to be appointed for the ward, and requires that all papers filed in support of the guardianship be read by (or read to) the ward so that his or her own due process rights are preserved.

A guardianship is sometimes the appropriate approach to a living arrangement in which child custody is not possible, or in which some other relationship between the parties exists. Guardians are appointed for children as well as seniors, and any number of circumstances may create the need for the appointment of a guardian.