Understanding Guardianship Types

Navigating the complexities of care for a loved one is challenging, whether you're actively managing their well-being or planning ahead. Understanding the types of guardianship is crucial for making informed and protective decisions. This post breaks down the two main types of guardianship and addresses common questions often asked by clients.

Guardian of the Person

A Guardian of the Person is responsible for daily and personal care decisions such as housing, medical care, and education. For minors, this includes essential care activities like feeding, clothing, schooling, and health care. When it comes to adults, this kind of guardianship involves managing medical appointments and residential decisions. Imagine ensuring your loved one makes it to their medical checkups or chooses suitable living arrangements—that’s the core responsibility here.

Guardian of the Estate

This type of guardianship involves managing the finances, paying bills, and protecting property. Guardians of the Estate require court oversight, meaning regular checks and balances to prevent misuse of funds. Often, assets are placed in a "blocked account" to ensure they are used appropriately. Consider this role as similar to managing someone's wallet, ensuring bills are paid on time, and keeping financial matters in order.

Combined Guardianship

Sometimes, one person is needed to manage both personal and financial matters—this is where combined guardianship comes into play. Courts, however, may assign separate individuals to handle the personal and estate aspects, depending on the situation. This flexibility ensures specific needs are met by those best suited to the task.

Guardianship vs. Power of Attorney (POA)

It’s important to note that guardianship doesn’t replace a Power of Attorney (POA). A POA is voluntarily set up by a competent individual, whereas guardianship is court-appointed in the absence of any prior legal authority. If someone has a financial POA but not a healthcare POA, a guardian may still be needed for medical and personal decisions. Remember, guardianships are there to protect those who can no longer make decisions for themselves.

Changing Guardians

Changing guardians can happen if necessary, but it requires court approval. This ensures that any changes are truly in the best interest of the person under guardianship and prevents unnecessary disruptions in their care. The process of establishing guardianship might feel daunting, but it is a system designed to serve the best interest of those who cannot care for themselves. If you’re unsure about what’s right for your situation, seeking legal advice is a good first step. Consult with a legal professional to explore your options and ensure that your loved one’s needs, both care-wise and financially, are securely planned for and met.