What is a guardian?
This article is a brief introduction to the process for the appointment of a court-appointed Guardian and the duties and responsibilities of a Guardian. I will describe what is involved in obtaining the appointment of a guardian as well as what is involved in serving as a Guardian or Conservator, and provide some guidance and advice based on my own experience. Frequently, we encounter an elderly person who is unable to manage his or her affairs or care for his or her person independently. If this person has granted a Durable Power of Attorney to someone he or she trusts, this situation can be handled relatively simply. However, in the absence of a Power of Attorney and if the individual lacks the capacity to grant one, decision-making authority for such an incapacitated person may be obtained by applying to a court for the appointment of a Guardian or Conservator. Each jurisdiction uses its own terminology for guardianship proceedings. For example, some states use the term “guardian,”
A. A will is typically the document in which parents nominate a guardian for their minor or incapacitated children. The selection of a guardian of minor or incapacitated children can be the most difficult decision parents must make in preparing their wills. During early married life, if the estate is not large enough to require tax planning, the nomination of the guardian may be the primary purpose of a will. If the parents of a minor or incapacitated child are unable to manage the affairs of or care for their child, a guardian can be nominated to serve in two capacities: (1) he or she may act as guardian of the person of the child (acting as a substitute for the child’s parents other than for financial matters); or, (2) act as the guardian of the minor’s estate (in which case the guardian will administer and oversee the child’s property). In many cases, the same individual is named as the guardian of both the person and the estate of a child. While the child’s trust or the guardian of
The Guardianship Act provides for the appointment of a guardian to make substitute decisions, on behalf of a person, who is aged 16 years and over, with a disability who is unable to do so on their own or without support. A guardian is a person appointed to make decisions on behalf of a family member or friend. A guardian can be an enduring guardian or a guardian appointed by the NSW Guardianship Tribunal. A guardian is aged 18 years and over. Click on this link for more information about enduring guardianship. A guardian is responsible for making decisions in the areas for which they have been appointed, and for making those decisions in line with the general principles of the NSW Guardianship Act 1987. Click here to link to the Guardianship Principles. Some of the decision-making areas include; accommodation (deciding where a person may reside), medical and dental treatment, health care and services. Guardians are appointed to make personal decisions on behalf of another adult who ha
A guardian is an individual or institution (like a bank) appointed by the court to be a guardian of the person only, property only, or both person and property. Guardians can have their powers limited by the court order, or can have plenary power to exercise all rights of the minor or incapacitated person. Any adult resident of Florida can serve as a guardian, as can a close relative of the person who does not live in Florida. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed.
