Can a probate court appoint a guardian who would only make health care decisions and manage her care?
Yes. A probate court can appoint a “guardian of the person,” which is different from a “guardian of the estate.” The latter has authority over the ward’s assets and finances while the former has control over the person and his or her care. Although the court usually appoints a guardian of both the person and the estate, a person can apply to be guardian of just one or the other. As guardian of the person only, you will not have control over your mother’s finances and will not need to post a bond or report on her assets to the court. Q: If I am appointed my mother’s “guardian of the person,” will I be able to make “end-of-life decisions”? A: Yes. A guardian may agree or refuse to authorize medical care in the ward’s best interest without a probate court order unless interested parties object or the probate court orders otherwise. However, since the Family Consent Statute was enacted, the probate court is reluctant to appoint a guardian only for making end-of-life decisions. The Family C
