Guardianship Basics
GUARDIANS are important people – chosen to make decisions on behalf of someone unable to make them for themselves.
Appointed by a court or in legal documents like wills, taking on the role of a guardian should not be done lightly. Being a guardian gives you a great deal of control over the life of another person, known as the ward.
Wards are often children or otherwise adults who are not capable of making decisions for themselves, and a guardian could easily find themselves giving consent for medical treatment, buying clothing and food, managing finances and bank accounts, and handling education as examples.
Guardians are usually appointed for a specific time, so acting as a guardian for a child usually expires when the ward reaches adulthood at 18, or for an adult it would be for the duration of whatever is incapacitating the adult such as disease, illness, addiction or physical or mental disability. Clearly, depending on the reason the commitment could be lifelong.
For a child, a guardian is often another family member when parents are not alive or able to fulfill their role – many grandparents become legal guardians. If there is no one available or suitable in the child’s world, a court can appoint a guardian.
But it is generally preferred for there to be an appropriate connection to the ward, such as a spouse, a parent, another key relative, or a private person who is known to the ward and understanding of the issues involved. It can also be an employee of the state.
A guardian must be willing and able to perform the duties expected of the role and to always act in the best interests of their ward. Courts will consider the character, the history, the physical abilities, and any other issues that may be relevant to the proposed guardian. A lack of education or personal financial resources should not necessarily be a barrier to being a guardian.
With the US being a federal country, each state has its own exact rules governing guardianship and these should be checked and understood before taking on the position.
Guardians can be removed from their positions should there no longer be a need for the ward to have a guardian, such as a child becoming an adult, or an addict making a recovery, but can also be removed should they neglect their ward or not provide appropriate care. Neglect can include ignoring court orders or misusing the ward’s money or property for their own benefit when the court can appoint a new guardian.
If you find yourself in a position where you are asked to become a guardian, it is worth seeking the advice of a family law attorney to understand the full implications for you before you accept the role.
