What is a Guardianship?

A guardianship is the legal process by which a court determines that a person is incapable of making decisions about some or all areas of life. Because of certain medical conditions, a developmental disability, dementia, mental illness, or the inability to communicate, a person may lack the capacity to make or communicate important life decisions. This person may need assistance in managing the necessary decisions of life and in providing informed consent for care or services.

After the court has received medical or psychological evidence, and evidence of functional incapacity to make or communicate decisions, it may declare a person to be incompetent and appoint a guardian to make decisions on the person's behalf. This determination of incapacity and the appointment of a guardian does remove specific rights from the person. Once under guardianship, the person is referred to as the ward of the guardian.

What is a Guardian?

A guardian is someone appointed by the court and given the power and responsibility to make decisions for another.
A full guardian can make all the decisions for the individual.
A limited guardian can only make decisions for the individual that the court allows.

TYPES OF GUARDIANSHIP

Guardianship of the Person

When the court appoints a guardian of the person, the guardian may have the following responsibilities:

• Determine and monitor the residence of the ward
• Consent to and monitor medical treatment or non-medical services such as education and counseling.
• Consent to the release of confidential information.
• Make end-of-life decisions.
• Act as representative payee.
• Maximize independence in least restrictive manner.
• Report to the court about the status of the ward.

Guardianship of the Estate or Property

"Estate" is defined as real and personal property, tangible and intangible, and includes anything that may be the subject of ownership. When the court appoints a guardian of the estate, the guardian is assigned the following responsibilities:

• Marshall and protect assets.
• Obtain appraisals of property
• Protect property and assets from loss.
• Receive income for the estate.
• Make appropriate disbursements.
• Obtain court approval prior to selling any asset.
• Report to the court about the status of the estate.

Alternatives to Guardianship

Alternatives to guardianship may include:

• Representatives or substitute payees.
• Case/ care management.
• Health care surrogacy.
• Trusts
• Durable powers of attorney for property.
• Advanced health care directive.
• Community advocacy systems.
• Joint checking accounts.
• Community agencies / services.