“I was very inspired by your work today. Guardianship takes much heart and dedication. It has been a pleasure to see you committed to this field!” – H. L. (Attorney)
Guardianship is not a planning tool. If an individual can make informed decisions now, guardianship is not appropriate. Please read the information regarding Power of Attorney.
The following questions and answers are meant to offer some general information on guardianships. Please contact us for a consultation.
Guardianship is a court procedure through which a person or organization is given the responsibility to care for and make decisions for another individual over the age of 18 who is not competent to handle his/her own affairs.
When an individual is not able to make or communicate informed decisions (i.e. medical or financial decisions) independently, which may be due to a stroke, dementia, mental retardation, mental illness, autism, downs syndrome, senility, a closed head injury or other condition.
An individual can make an informed decision if he or she is aware of the choices he or she faces, understands the risks and benefits of each option, and is able to communicate his or her wishes.
Guardian of the Person: Handles personal affairs, medical decisions, decisions about where the person lives, participation in educational or vocational programs, etc.
Guardian of the Estate: Handles financial affairs, investment decisions, real estate and personal property, bills, payments, etc.
General Guardian: Has the responsibilities of both of the above.