Legal Definitions - guardianship

Guardianship is a legal arrangement established by a court where one person, known as the guardian, is given the authority and responsibility to make decisions for another person, called the ward. This arrangement is typically put in place when the ward is unable to make sound decisions for themselves due to age (being a minor), illness, disability, or other incapacitating circumstances.

The guardian's role is to act solely in the ward's best interests. Depending on the specific court order, this can involve managing the ward's personal care, medical treatment, living arrangements, or financial affairs. Guardianships are closely overseen by the courts to ensure the ward's well-being and protection.

• Example 1 (Guardianship for a Minor): Imagine a situation where a 10-year-old child, Maya, is orphaned after her parents tragically pass away in an accident. She has no other immediate family members who are able or suitable to care for her. A court might appoint Maya's former teacher, Ms. Evans, as her guardian of the person. In this role, Ms. Evans would be legally responsible for Maya's upbringing, including her education, healthcare decisions, and daily welfare, ensuring Maya's best interests are met until she reaches adulthood.

• Example 2 (Guardianship for an Incapacitated Adult's Finances): Consider Mr. Henderson, an 85-year-old widower, who begins to experience severe cognitive decline due to advanced dementia. He starts forgetting to pay bills, making impulsive and financially damaging purchases, and is vulnerable to scams. His adult daughter, Sarah, petitions the court to be appointed as his guardian of the estate (sometimes referred to as a conservator for adults). This appointment grants Sarah the legal authority to manage Mr. Henderson's finances, pay his bills, protect his assets, and make sound financial decisions on his behalf, preventing further financial harm.

• Example 3 (Guardianship for an Adult with a Developmental Disability): Emily is a 22-year-old woman with significant intellectual disabilities who requires constant supervision and assistance with daily living activities. She receives government benefits but cannot manage her own money or make independent medical decisions. Her parents, anticipating her need for ongoing support after they are no longer able to provide it, might petition the court to establish a guardianship. They could be appointed as guardians for both Emily's person and estate, allowing them to make decisions about her medical care, living arrangements, and manage her finances to ensure her well-being and security throughout her adult life.