Guardianship

A guardian is someone who has been given legal authority by a court to make personal decisions for an individual who needs substitute decision-making supports with regard to personal decision (medical, health, and residential). 

The court will appoint a guardian when it has been determined that an individual is not capable of making decision to provide for the individual's needs for personal care, shelter, food, and safety, and when there is no less restrictive alternative that will meet the identified needs. The guardian acts as an agent of the court. The guardian has the responsibility to make decisions in the best interest of the Person Subject to Guardianship.

• Personal Care: Arranging food, clothing, shelter, and basic necessities.
• Medical Decisions: Authorizing medical, dental, surgical, psychiatric, and psychological care.
• Residential Decisions: Choosing the best, least restrictive living arrangement for the ward.
• Protection and Advocacy: Protecting the ward from harm, fostering independence, and advocating for their rights and preferences.
• Personal Property Management: Taking reasonable care of personal effects, such as clothing, furniture, and vehicles. 
• Financial Management (If Guardian of the Estate): Managing assets, paying bills, filing an inventory of assets, and providing annual accounting of income and expenses.

• Guardian of the Person: Focuses on the physical and emotional well-being of the ward (care, housing, medical care).
• Guardian of the Estate: Focuses on managing the ward's financial affairs (assets, investments, debt).
• Guardian of the Person & Estate: Handles both personal care and financial matters. .

• Living Arrangements: Determining and monitoring where the ward lives, ensuring the home is safe and appropriate.
• Healthcare Decisions: Consenting to medical, dental, and psychological care. This includes coordinating with doctors and managing medications.
• Daily Necessities: Ensuring the ward has adequate food, clothing, and other essentials.

• This role focuses on managing the ward’s finances and property (often called a Conservator in some states). 
• Asset Inventory: Creating a list of all the ward's property, bank accounts, and income.
• Financial Management: Paying bills, managing investments, and collecting income like Social Security or pensions.
• Protection of Property: Safeguarding assets from loss or damage and keeping the ward's funds strictly separate from the guardian's personal money.
• Spending Approval: Seeking court permission before making major financial moves, such as selling real estate or spending significant amounts of the ward's principal funds.