Guardianship

What Is Guardianship? Guardianship (called conservatorship in some states) is a legal relationship created by a court when a person, known as the ward, is unable to make responsible decisions due to age, incapacity, disability, or other circumstances. The court appoints a guardian to make decisions and act on behalf of the ward, with the scope of authority determined by the court order. ## Types of Guardianship - **Guardianship of the person** grants authority over personal and healthcare decisions - **Guardianship of the estate** (conservatorship) grants authority over financial matters - **Full guardianship** removes all decision-making authority from the ward - **Limited guardianship** restricts the guardian's authority to specific areas while preserving the ward's rights in other matters - **Temporary guardianship** is granted for emergencies or short-term needs ## Legal Process Establishing a guardianship requires filing a petition with the court, providing evidence of the proposed ward's incapacity, and demonstrating that less restrictive alternatives (such as power of attorney or supported decision-making) are insufficient. The proposed ward has the right to legal representation, to contest the guardianship, and to request modification or termination. Guardians owe fiduciary duties to the ward and must typically file regular reports with the court on the ward's condition and finances.