What are the types of Guardianships? by Jesica L. Thorson

A Guardianship is the formal process by which a court appoints an individual (the “Guardian”) to be responsible for the person and/or property of an incapacitated person or minor (the “Ward”). The Guardian of the Person is responsible for making day-to-day decisions as well as medical decisions for the Ward. The Guardian of the Estate is responsible for managing the property and assets of the Ward. Both the Guardian of the Person and Estate can be temporary or permanent. A temporary Guardian lasts for ninety (90) days and is only used to address short-term problems or emergency situations. The requirements of a temporary Guardian are: (1) no guardian has been appointed; (2) an emergency exists; (3) the welfare of the incapacitated person requires immediate attention; and (4) no other person appears to have authority to act in the circumstances. A permanent Guardian lasts for as long as the person is incapacitated or their death. A permanent Guardian requires a petition must also be filed with the court explaining the particular situation explaining why a permanent Guardian is necessary as well as a description of the efforts to use less restrictive alternatives before seeking a Guardianship. In addition, a permanent Guardian requires that notice must be given to family members and to the Ward. There are a number of situations in which a Guardianship cannot be avoided. However, if possible, it is best to plan early by executing Power of Attorney documents. An elder law attorney can help you navigate which option is best for your situation and family.