Skip to contentWhat is guardianship?
Answer: Guardianship is a legal arrangement where a court appoints a person to make decisions on behalf of someone who cannot make decisions for themselves, such as a minor child or an incapacitated adult.
Who can be a guardian?
Answer: A guardian can be a family member, friend, or, in some cases, a professional appointed by the court. The court’s priority is to select someone who will act in the best interest of the person needing guardianship.
How is a guardian appointed?
Answer: Guardians are appointed through a court process. A petition is filed, the court evaluates the need for guardianship, and a judge decides who will serve as guardian.
What is the difference between guardianship and power of attorney?
Answer: A power of attorney is voluntarily granted by a person while they still have capacity, allowing someone to make decisions on their behalf. Guardianship, however, is court-ordered when a person is unable to make decisions and cannot grant authority themselves.
How can someone contest a guardianship?
Answer: A guardianship can be contested by filing objections with the court. The court may hold a hearing to review evidence and determine whether the guardianship is necessary or if another arrangement would be better.
Can a guardian be removed or replaced?
Answer: Yes. If a guardian is not acting in the best interests of the person under guardianship, the court can remove or replace them.
How much does guardianship cost?
Answer: Costs vary depending on the complexity of the case and attorney involvement. Fees may include court filing costs, attorney’s fees, and ongoing reporting expenses.
How long does guardianship last?
Answer: Guardianship continues until the court determines it is no longer necessary—for example, when a minor turns 18 or if an incapacitated adult regains capacity.
Can a guardian be held financially responsible?
Answer: A guardian is not personally liable for the debts of the person under guardianship but may be held responsible if they misuse funds or fail in their fiduciary duties.
Can a guardian be appointed for a minor?
Answer: Yes. Guardianship for minors is often established when parents are unable to care for their child due to incapacity, death, or other serious circumstances.
Can guardianship be transferred to another state?
Answer: Yes. Guardianship can often be transferred, but it requires court approval in both states to ensure continuity of care.
Can a person with a guardian still make decisions?
Answer: In some cases, yes. Limited guardianships allow individuals to retain certain rights and decision-making abilities while the guardian manages specific areas.
How does guardianship affect a person's rights?
Answer: Guardianship can restrict certain rights, such as making financial or medical decisions. Courts often try to preserve as many rights as possible through limited guardianships.
What alternatives are there to guardianship?
Answer: Alternatives may include powers of attorney, supported decision-making agreements, or advance healthcare directives, which can reduce the need for full guardianship.
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