explained

Guardianship

By Kate Swenson

When an adult is unable to care for himself, or a child’s parents are unable to care for the child, a guardianship may be needed.

Guardianship means obtaining the legal authority to make decisions for another person.

What is Guardianship?

Guardian: The person appointed by the court to make decisions on behalf of someone else.  Protected Person: The person over whom the guardianship is granted (the child or the adult).

Why Might a Guardianship Be Needed?

A guardianship may be needed over a child if there is no parent available to care for a child.

Why Might a Guardianship Be Needed?

A guardianship may be needed over an adult if the adult is incapacitated, meaning the person is unable to take care of himself or herself.

Where to File for Guardianship

A guardianship case usually must be filed in the county where the proposed protected person has been living for the past six months. Legal advice is strongly recommended throughout the process.

1. Guardianship over the Person

2. Guardianship over the Estate

3. Guardianship over the Person and Estate

The guardian is responsible for the well-being and care of the protected person

The guardian makes financial decisions for the person.

The guardian to make personal, medical, and financial decisions for the protected person.

Types of Guardianship

How Long Does a Guardianship Last?

A guardianship over an adult lasts until the adult regains the ability to care for himself, or until the adult passes away.

The guardian or any other relative can ask the court to end a guardianship at any time if they feel the guardianship is no longer needed.