Guardianship
Guardianship is a legal process used to protect individuals who are unable to care for their own well-being due to infancy, incapacity or disability. A court will appoint a legal guardian to care for an individual, known as a ward, who is in need of special protection. Legal guardians have the legal authority to make decisions for their ward and represent their ward's personal and financial interests.
Guardianship of a Minor
Courts may appoint an adult guardian to care for a minor, who is not the child of the adult. Courts assign guardianships in a number of situations, including when parents have abandoned a minor, when a minor's parents have died, or when a minor's parents are incapable of providing proper care for the minor. A legal guardian may be a friend, family member, or other person the court feels will act in the minor's best interest. As the minor's legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor's property. In limited cases, an adult may be appointed by the court to serve as a guardian ad litem.
Guardianship of the person.
An adult with legal custody of a minor has the responsibility to provide for the minor's physical and personal needs. While the minor's parents are legally required to continue financial support of the minor, the legal guardian must ensure that the minor receives food, shelter, clothing, education and medical care. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.
Guardianship of the estate.
If a minor has a substantial amount of money or property, the court may appoint a financial guardian, or guardian of the estate, to manage and protect the minor's assets. A guardian of the estate must make all financial decisions for the minor until the minor reaches the legal age or until the minor's assets are depleted.
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