Legal Definitions - personal guardian

A personal guardian is an individual formally appointed by a court to oversee the daily care and personal well-being of another person, known as the ward. The ward is typically someone who is either a minor or an adult deemed legally unable to make their own personal decisions due to incapacity. The personal guardian holds the authority to make important non-financial choices on behalf of the ward, focusing on their physical safety, health, education, and overall quality of life. This role is distinct from a "guardian of the estate," who manages the ward's financial affairs and property.

• For instance, if a child's parents tragically pass away without designating a legal guardian in their will, a court might appoint a relative, like an aunt or uncle, as the child's personal guardian. This guardian would then be responsible for deciding which school the child attends, approving their participation in sports or clubs, and ensuring their daily needs like food, clothing, and shelter are met. These decisions directly relate to the child's personal development and care, illustrating the guardian's authority over non-financial aspects of the ward's life.

• Consider an elderly individual who has advanced Alzheimer's disease and can no longer make sound judgments about their living situation or daily care. A court might appoint their adult child as their personal guardian. In this capacity, the guardian would decide whether the parent lives at home with hired caregivers, moves into an assisted living facility, or resides with a family member. The guardian would also make choices about their daily routine, such as meal planning, hygiene, and recreational activities, all aimed at ensuring the ward's safety and comfort.

• Imagine an adult with significant intellectual disabilities who, while capable of some independence, requires support in making complex life choices. A court could appoint a sibling or a professional advocate as their personal guardian. This guardian might help decide on appropriate vocational training programs, guide choices about social interactions and friendships, and ensure the ward lives in a safe and supportive environment. These actions demonstrate the personal guardian's role in guiding the ward's personal growth and ensuring their well-being in the community.