Guardianship FAQs

Guardianship is a legal process where a court appoints someone to make decisions for a person who is unable to make them on their own. It’s typically necessary when someone lacks the capacity to manage their health, finances, or personal affairs due to age, illness, or disability.

A power of attorney is voluntarily granted by a competent person, while guardianship is court-ordered when a person can no longer make that decision themselves. Guardianship can override a power of attorney if the court finds it necessary.

Signs include inability to pay bills, manage medications, make informed decisions, or understand consequences. A physician’s evaluation and input from family or caretakers are usually part of the determination.

There are generally two types:

1. Guardian of the person – manages health and personal decisions.
2. Guardian of the property (or estate) – handles financial affairs. Sometimes one person serves in both roles; other times, they’re split.

Not necessarily. It can be modified or terminated if the person regains capacity or if circumstances change. Courts periodically review guardianships.

Yes, family members are often given priority, but the court evaluates whether they’re suitable and willing. If no family is appropriate or available, a professional guardian may be appointed.

It typically involves:

1. Filing a petition
2. Medical/psychological evaluations
3. Court-appointed counsel for the alleged incapacitated person
4. A hearing before a judge The process ensures due process rights are protected.

Not automatically. The court determines which rights to remove based on the person’s abilities. In many cases, rights are limited rather than completely taken away.

A plenary guardian has full decision-making authority. A limited guardian only handles areas the court specifically designates, such as medical decisions or managing money.

Yes. The person alleged to be incapacitated, or others involved, can contest the need for guardianship or dispute who should be appointed. The court may order independent evaluations.

Guardians must act in the best interest of the ward, maintain regular contact, keep detailed records, submit annual reports, and get court approval for major decisions like selling property or changing residence.

Quite a bit. Guardians are accountable to the court, must file regular reports, and can be removed if they fail in their duties or act improperly.

If no family or friend is available or appropriate, the court can appoint a professional guardian or someone from a local public guardianship program.

Yes. Alternatives include:

• Durable power of attorney
• Healthcare surrogate designation
• Living trusts

Supported decision-making Courts prefer the least restrictive option, so if alternatives work, guardianship may not be necessary.

For minors, guardianship usually fills in when parents are deceased or unfit. For adults, it’s based on capacity. The legal standards and procedures are similar but tailored to age and circumstances.