Guardianship

What is a Guardianship?

A guardianship is a court ordered relationship in which the guardian acts on behalf of the ward. A ward is a person who is not able to care for themselves or their property.

The Probate Court is always the superior guardian. Guardians must obey all orders of the Court.

Types of Guardianships

• Person and/or estate: A guardian of the person controls and protects the personal needs of the ward. A guardian of the estate controls and protects the assets of the ward. A security bond is usually required.
• Emergency: Upon emergency the court may appoint a guardian without notice to the ward or the ward's family. The emergency guardian shall serve for a short period of time to protect against significant injury to the person or estate of the ward.
• Limited: The authority of the guardians is limited to specific purposes. The ward retains all powers not granted to the guardian.
• Interim: When a guardian is no longer able to serve or is removed, an interim guardian may be appointed for a short period of time, without notice to the ward or the ward's family, until a hearing can be held to appoint a successor.

Forms:

Emergency Guardianship
Incompetent Guardianship
Minor Guardianship

Guardianship Handbook