Legal Definitions - letters of guardianship

Letters of Guardianship are official legal documents issued by a court that formally confirm the appointment of an individual or entity as a guardian. These documents grant the designated guardian the legal authority to make decisions concerning the personal care, well-being, and/or financial affairs of another person, known as the "ward." The ward is typically someone unable to manage these aspects independently, such as a minor child or an adult deemed legally incapacitated due to illness, injury, or disability.

Here are a few examples to illustrate:

• Example 1: Guardianship for a Minor Child
  After a tragic accident, a couple passes away, leaving behind their 8-year-old son, Leo. Leo's maternal aunt, Sarah, petitions the court to become his legal guardian. Once the court approves her petition, it issues letters of guardianship to Sarah. These official documents empower Sarah to enroll Leo in school, consent to his medical treatments, make decisions about his living arrangements, and manage any inheritance he may receive, all in his best interest until he reaches adulthood.

• Example 2: Guardianship for an Incapacitated Adult (Personal Care)
  Mr. Henderson, an elderly gentleman, develops advanced dementia and can no longer make sound decisions about his medical care or daily living. His daughter, Maria, applies to the court to be appointed as his guardian. Upon approval, Maria receives letters of guardianship. These documents legally authorize her to choose Mr. Henderson's nursing home, approve necessary medical procedures, and ensure his personal needs are met, as he is no longer capable of doing so himself.

• Example 3: Guardianship for an Incapacitated Adult (Financial Affairs)
  Ms. Chen suffers a severe stroke that leaves her physically and cognitively impaired, unable to manage her substantial financial assets, pay bills, or make investment decisions. Her brother, David, seeks court appointment as her guardian to handle her estate. The court grants his request and issues letters of guardianship specifically for Ms. Chen's estate. These letters provide David with the legal authority to access her bank accounts, pay her medical expenses, manage her investments, and ensure her financial stability, acting solely in her financial best interest.