Estate Planning
Guardianships
Introduction
Compassion & Support
When a loved one is unable to make decisions for themselves - whether due to age, disability, or incapacitation - having the right legal protections in place is essential.
Guardianships help families ensure the safety, well-being, and dignity of those they love with consideration for both current and future needs.
These situations are often complex and full of emotion, requiring clear guidance, steady support, and compassion at every step
Overview
Guardianship Essentials
What are Guardianships?
Establishing a guardianship is a legal process that grants an individual the authority to make critical decisions on behalf of someone who cannot do so independently. This may include decisions about healthcare, living arrangements, education, finances, and daily care.
Types of Guardianships
Guardianship of the Person
The guardian is responsible for making personal and healthcare decisions for the individual. This type is used when a person cannot safely make personal decisions on their own, and the guardian’s primary responsibility is to ensure the individual’s safety, well-being, and overall quality of life. This may include decisions about:
- Medical care
- Living arrangements
- Education (for minors)
- Daily well-being
Guardianship of the Estate (or Conservatorship)
This is appropriate when someone can handle personal care but cannot manage their finances responsibly. The guardian manages the individual’s financial affairs, such as:
- Paying bills
- Managing income or benefits
- Protecting assets
- Handling long-term financial planning
Full (Plenary) Guardianship
The guardian has complete authority over both personal and financial decisions. This is typically ordered when the individual is fully incapacitated and unable to manage any aspect of their life safely. The guardian is entrusted with making decisions that protect the individual’s health, finances, and long-term welfare.
How It Works
- File a petition with the court explaining why guardianship is needed.
- Notify all required parties, including the person who may need a guardian.
- Complete a court-ordered evaluation to assess the individual’s abilities and needs.
- Attend a court hearing where a judge reviews the evidence and decides if guardianship is appropriate.
- Receive the court’s appointment, which formally authorizes the guardian’s responsibilities.
- Meet ongoing reporting requirements to ensure proper oversight and care.
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