A guardian is a person who is legally appointed to make decisions on someone else’s behalf. A guardianship is a legal relationship that helps to protect the well-being and interests of individuals who are unable to care for themselves due to physical or mental limitations.
Family members or friends of a person can be appointed as guardians. However, there are also professional guardians that the courts can decide to appoint for an individual depending on the situation.
For guardianship cases, you need to hire a guardianship lawyer to guide you through the legal process. Under US law, there are different types of guardianship. They are listed below.
- Full Guardianship
The first type of guardianship is full guardianship, which is also known as plenary guardianship. In this type of guardianship, the guardian is vested with complete authority to make decisions on behalf of the ward. The guardian makes decisions regarding the individual’s finances, property, medical care, and living arrangements.
The court grants full guardianship in situations where the individual is severely incapacitated or has a significant cognitive impairment.
- Limited Guardianship
Limited guardianship is known as partial guardianship. The guardian does not have full authority to make decisions on behalf of the ward. The court can limit the authority of the guardian to only making medical decisions, managing finances, or determining living arrangements, as the case may be.
The court grants limited guardianship when the ward has some capacity to make decisions but requires assistance in specific areas.
- Temporary Guardianship
Temporary guardianship is granted for a limited period of time. It is usually granted by the court when there is an emergency. When the ward is incapacitated due to an illness or injury, is in immediate danger, or cannot carry out their duties, temporary guardianship is granted for a period of 30 to 60 days. A temporary guardianship can be extended if the situation requires it.
- Conservatorship
The court grants a conservatorship for the management of an individual’s finances. The conservator, who is the guardian, is appointed by the court to handle bank accounts, invest assets, manage their real estate, and even pay their bills.
A conservatorship is often granted when the ward is unable to manage their own finances due to a cognitive impairment or physical disability.
- Special Needs Guardianship
Special needs guardianship is a type of guardianship for people with special needs, such as autism, down syndrome, or cerebral palsy. This type of guardianship is so that an appointed guardian can meet the unique needs of the ward.
The guardian is tasked with managing the individual’s medical care, coordinating therapy and support services, making educational decisions, and managing their finances.
How Guardians Are Appointed
For any of these guardianships to be granted, a petition for guardianship must be filed with the courts. The courts will then provide notice to the interested parties. The next step is a hearing, which will be held to determine if guardianship is needed and who should be appointed as a guardian.
The court will then appoint a guardian to oversee the individual, although the court will still supervise the guardian.
Guardianship is complex, and not everyone understands it. It’s recommended to seek the services of the best attorneys to guide you through the process.
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