Guardianships

A legal guardian is a person who is given authority by a court to take care of the physical needs of another person, referred to as a ward. This usually occurs because that person is unable to physically take care of himself/herself. A ward can be as young as an infant or can be an elderly individual. If you have a loved one that is unable to physically take care of himself/herself, and you believe a guardian is necessary, a petition must be filed with the court asking the court to appoint a guardian. The person filing the petition can be appointed as the guardian. Or, the petitioner can ask the court to appoint another loved one, or a professional fiduciary. The guardian appointed by the court has certain powers and responsibilities. Some of the powers include establishing the ward's residence; consent or withhold or withdraw health care; make advance funeral arrangements; and receive money and personal property deliverable to the ward and apply the money and property for support, care, and education of the ward. Some of the responsibilities include providing for the care, comfort and maintenance of the ward and file an annual report with the court.