Guardianship
Guardianship of a Person
Guardianships, established by the court, come in two forms: guardian of the estate, managing finances, and guardian of the person, making personal and healthcare decisions for the incapacitated individual, referred to as the “ward” or “proposed ward.”
The court specifies the guardian’s powers, covering healthcare and living arrangements.
Guardianships of the person aim to care for the ward and protect them from neglect, abuse, or harm by the ward or others.
Despite their protective nature, guardianships limit certain freedoms. Therefore, when sought, the court appoints at least one lawyer to represent the proposed ward, advocating for their wishes or best interests.
To obtain guardianship, the applicant must prove the proposed ward’s incapacity, lack of alternative support, and the necessity of guardianship. The guardian of the person holds fiduciary responsibilities, acting in the ward’s best interests, adhering to court instructions, and providing regular reports for accountability.
Private professional guardians must adhere to additional rules governed by their license and ethics. Courts often order the proposed ward’s estate to cover legal fees, including those of the attorney ad litem and guardian ad litem.
Guardianship of the Estate
A guardian of the estate oversees the finances of the proposed ward, holding significant authority to manage the estate. Their powers include, but are not limited to, liquidating assets, applying for government benefits, investing, paying taxes, filing lawsuits, or making purchases (e.g., health insurance) on behalf of the estate.
This role is often appointed to prevent or halt ongoing financial exploitation of the ward, especially among vulnerable individuals. As such, a guardian of the estate is bound by fiduciary duty to manage the estate for the ward’s benefit.
To ensure accountability, the court mandates the guardian to obtain a bond and provide regular accountings or reports detailing their actions and decisions on behalf of the ward. This ensures that the ward’s assets are managed and protected in accordance with their best interests.
Temporary Guardianship
Temporary guardianships are expedited measures, requiring less proof than permanent arrangements.
These cases must be heard within ten days of filing, despite potential scarcity of evidence. While the applicant doesn’t need to prove the ward’s incapacity, they must justify to the court why standard guardianship isn’t sufficient and why an emergency warrants temporary guardianship.
This form of guardianship serves as a stopgap solution, addressing temporary situations like a ward’s recovery from injuries.
In contentious disputes over guardianship, courts may institute temporary guardianships pending contest, where a court-appointed guardian oversees the ward and their affairs until trial.