Estate Planning
Guardians
What is a guardian?
A guardian is a person who is designated to make legal, financial and health care decisions for you if you become incapacitated or incompetent and can no longer make these decisions for yourself. A guardian can be any competent person, including a spouse, a friend, a relative, a non-profit agency, or a public or private corporation. If a person is considered incompetent and a relative, agency, or corporation cannot be found or considered as a guardian, then a public agent guardian will be appointed. The person whom the guardian is appointed to is called the ward.
Guardians can be appointed to:
- Decide on the ward's living arrangements
- Assure that good health care is provided to the ward
- Approve needed medical, legal, dental or other services for the ward
- Take care of the ward's personal belongings
- Take legal protective action on behalf of the ward
- Handle the ward's financial affairs
- Maintain the ward's personal records
What types of guardians are appointed for a ward's care?
There are two types of guardians appointed for a ward's care:
- Guardian of the Person. The guardian may provide for medical care services and determine the place and kind of residential setting best suited for the ward. The guardian must also present a detailed plan of the ward's care to the court every year for review.
- Guardian of the Property. The guardian takes an inventory of the ward's property, invests it prudently, uses it for the ward's support, and accounts for the ward's property by providing detailed annual reports with the court. The guardian must also obtain court approval for certain financial transactions.
You may appoint a guardian of the person, the property or both for limited time periods and for limited purposes. Generally, this is the case only for individuals who request a guardian while they are still competent, and is called giving someone your limited power of attorney.
Normally, guardianship is the last resort for people who are incompetent and can no longer do things for themselves. In these cases, guardianship remains in effect for the rest of the ward's life.