What is Guardianship?
Guardianship is a legal arrangement in which an individual or entity is given the responsibility and authority to make decisions and act on behalf of another person, known as the ward or the incapacitated person. Guardianship is typically established when a person is unable to make decisions or care for themselves due to factors such as age, disability, or mental incapacity.
The person who assumes the role of guardian is often a family member or close relative, but it can also be a professional guardian or a public agency appointed by the court. The guardian is legally obligated to act in the best interests of the ward and make decisions related to their personal, financial, and medical affairs.
Guardianship is intended to protect individuals who are unable to make decisions for themselves and ensure that their needs are met. However, it is important to note that guardianship involves a significant loss of personal autonomy for the ward, as decision-making authority is transferred to the guardian. In some cases, less restrictive alternatives to guardianship, such as powers of attorney or supported decision-making arrangements, may be considered to allow individuals to maintain more control over their affairs.
GUARDIAN OF PERSON
The legal authority granted to an individual or entity to make decisions and provide care for another person’s personal and physical well-being.
The guardian of the person assumes responsibility for the ward’s daily needs, including housing, medical care, education, and overall welfare. They make decisions on behalf of the ward, ensuring their safety, health, and general living conditions.
The specific responsibilities of a guardian of the person can vary depending on the laws of the jurisdiction and the needs of the ward.
GUARDIAN OF ESTATE
The legal authority granted to an individual or entity to manage the financial affairs and assets of another person.
When someone is incapable of managing their own financial affairs, a guardian of the estate may be appointed by the court to ensure the responsible management and protection of their assets.
The guardian takes on the role of making financial decisions, paying bills, managing investments, handling property transactions, and handling any other financial matters on behalf of the ward.