Definition: A guardian is a court appointed decision-maker of a person, their property, or both. This person may be a minor, or an adult with disabilities. After adjudication, this person is termed a “ward.” Guardianship is the most severe imposition upon a person, as it “strips” away their rights and gives them to another person.
When Is A Guardianship Required For An Adult?
An interested person may petition the court to appoint a legal guardian for a person:
- Who has a mental/physical disability; preventing them from taking care of their own basic needs.
- Who are in danger of significant harm.
- Who do not have a previously legally authorized person to care for their needs.
Avoiding Guardianships
It is possible to avoid the need of a court appointed guardianship through exploration of alternatives and estate planning.
For further information on Alternatives to Guardianship and Estate Planning, please check back for future updates.
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