Legal Dictionary

Guardianship

Guardianship refers to a legal arrangement in which a person, known as the guardian, is appointed by a court to make decisions and take care of the personal and/or financial affairs of another individual, known as the ward, who is unable to do so themselves due to age, incapacity, or disability.

Frequently Asked Questions

What are the different types of guardianship?

There are two main types of guardianship: guardianship of the person and guardianship of the estate. Guardianship of the person involves making decisions regarding the ward's personal care, such as their health, education, and living arrangements. Guardianship of the estate, on the other hand, involves managing the ward's financial affairs, including their assets, income, and expenses.

How can someone become a guardian?

To become a guardian, an individual must typically file a petition with the court, providing evidence of the ward's incapacity and their own suitability to act as a guardian. The court will then evaluate the petition, conduct a hearing if necessary, and make a determination based on the best interests of the ward. If appointed, the guardian will be required to fulfill their duties and responsibilities as outlined by the court.
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