Understanding Guardian of the Person
Taking care of a loved one's day-to-day needs can be both overwhelming and rewarding, but sometimes legal authority is needed to make decisions on their behalf. This is where a guardian of the person comes into play. This type of guardianship places the guardian in charge of personal care decisions, such as where the person lives, the medical care they receive, and for minors, their education. For a minor, this might mean managing schooling, while for an adult, it could involve arranging medical appointments and determining the best living environment.
What Is Guardian of the Estate?
When it comes to financial matters, a guardian of the estate handles the important task of managing finances, paying bills, and protecting property for someone who is unable to do it themselves. This role often requires strict court oversight to ensure that the assets are managed responsibly, and the funds might be placed in a "blocked account," which the guardian cannot access freely. Whether it's paying monthly bills or ensuring that property is maintained, the guardian of the estate acts in the best financial interests of the person under their care.
Combined Guardianship Roles
At times, one person might be given both the roles of guardian of the person and guardian of the estate, making combined guardianship an option. However, courts recognize that handling both responsibilities can be daunting and may choose to assign different individuals to each role. This division allows each guardian to focus on their specific area of expertise and provides a system of checks and balances.
Guardianship vs. Power of Attorney
Understanding the difference between guardianship and power of attorney (POA) is crucial for those making future plans. A power of attorney is set up voluntarily by a competent person and allows them to designate someone to make decisions on their behalf. In contrast, guardianship is appointed by the court when someone can no longer make these decisions themselves, either due to a lack of existing POA or because they are considered incompetent. Even if someone has a financial POA, a guardian might still be necessary to make healthcare decisions.
Changing Guardians and Legal Involvement
Guardianship involves ongoing court involvement to ensure the guardian is fulfilling their duties responsibly. If a change in guardianship is necessary, perhaps due to changes in circumstances or the guardian's ability, it must be approved by the court. This oversight exists to protect the person in need of care and maintain the integrity of their personal and financial affairs.
Navigating guardianship can seem daunting, but it's designed to protect individuals who are unable to make decisions for themselves. While the process is legal and sometimes complex, understanding the different types of guardianship and seeking legal advice can provide peace of mind. If you're unsure which path is right for your family, consider consulting a legal professional to explore your options and create a plan that ensures both care and financial stability for your loved one.
