Guardianship

A guardianship gives a trusted person the legal authority to make decisions for someone who cannot make them on their own, such as a child or an adult who is incapacitated. There are two main types of guardianship: guardianship of the care and treatment of a ward, and guardianship of a ward’s estate. A guardian of care and treatment can generally make medical decisions, decide where the ward will live, and make sure the ward gets to doctor’s appointments. A guardian of the estate manages the ward’s money and property. Often, one guardian is responsible for both.

Most people can serve as a guardian, with a few exceptions. When more than one person asks to be appointed, the court generally gives preference to close relatives. That preference is not a guarantee, though. The court’s priority is what is best for the person who needs a guardian, and it can choose someone who is not a relative if that person is better suited.

The length of the guardianship depends on the type. A guardianship of a minor generally continues until the child turns 18, but it doesn’t always end on its own; the parties still have to request that it be terminated. An adult guardianship has no set end date. It continues until the court terminates it, for example because the person has regained the ability to make their own decisions. When a guardianship of the estate ends, a final accounting is generally filed with the court. A guardianship is not necessarily permanent, and it can be changed or ended when circumstances change.

Often, yes. A family member or other interested person can object when a guardianship is requested, whether they disagree that one is needed or disagree about who should serve. A guardianship that is already in place can also be challenged later by asking the court to change or end it. Courts decide these disputes based on what is best for the person who needs a guardian, and no outcome is guaranteed. Because deadlines and procedures apply, it helps to talk with an attorney as soon as you learn about the request.

Yes, a guardian is generally required to report to the court at least once a year. A guardian of the estate files an “annual accounting,” which shows how the ward’s money and property were handled. A guardian of care and treatment reports on how the ward is doing. These reports help make sure the guardian is acting in the ward’s best interests. Croslin Law can help you prepare your annual report or accounting and appear in court with you for the review.