Estate Planning Newsletter
Definition of a Guardianship
In certain cases, a minor may need to be assigned a legal guardian either because a parent is not able to care for the minor, or because the existing guardian is not competent. When a guardian is appointed, he/she will have the same custodial rights as the minor's parent.
Guardians are appointed by a court, upon application or nomination and approval, or the court may select and appoint an appropriate guardian at its discretion.
Types of Guardians
Guardian of the person:
- Provides or arranges for the minor's residence
- Arranges for medical treatment for the minor
Guardian of the estate:
- Manages the minor's property
- Invests the minor's money
- Provides financial support and educational opportunities to the minor
Guardian of the person and estate
- Has the combined powers of the above 2 types of guardians (custody and management of property)
Guardian of specific property:
- Cares for certain item(s) of property belonging to the minor
Guardian ad Litem:
- Appointed for limited, short-term purpose of prosecuting or defending a legal proceeding on behalf of the minor
Guardianship Not Permitted
- A minor cannot have a guardian if he/she is married or has been married
- If the minor has been married but cannot care for himself/herself, a conservator may be appointed
Termination
A guardianship will end upon the occurrence of one of the following:
- The minor dies
- The minor becomes 18 years old
- The guardian dies
- Resignation or removal of the guardian
- A court order terminating the guardianship
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