Understanding Guardianship: Making Informed Care Decisions

Guardian of the Person

When you’re responsible for the daily and personal care of a loved one, understanding the role of a Guardian of the Person is crucial. This type of guardianship involves making key decisions about housing, medical care, and education. For minors, this includes responsibilities like feeding, clothing, schooling, and health care. For adults, it means managing medical appointments and making important residential decisions. For example, you might find yourself arranging a doctor's visit or choosing an appropriate living situation that best suits your loved one's needs.

Guardianship Doesn't Replace Power of Attorney

It is vital to recognize that guardianship and power of attorney (POA) operate differently. A POA is set up voluntarily by a competent person, whereas guardianship is court-appointed when there isn’t a prior legal authority in place. For instance, your aunt may have a financial POA but no health care POA, which might still necessitate a guardian for her medical and personal decisions.

Combining Personal and Financial Responsibilities

Sometimes, it may be most efficient for one individual to handle both personal and financial matters, known as combined guardianship (or guardianship and conservatorship). Courts may assign separate individuals to manage personal and estate responsibilities, but a combined appointment can streamline care and accountability, especially useful when managing a variety of tasks from paying bills to ensuring regular doctor visits.

Managing Finances as a Guardian of the Estate

As a Guardian of the Estate (also known as Conservatorship), you are tasked with overseeing and managing finances, paying bills, and protecting the individual's property. This role involves court oversight, with assets often placed into a “blocked account” to ensure proper management. Imagine taking charge of monthly bills or dealing with the upkeep of a property to safeguard financial stability.

Court Oversight and Changing Guardians

All guardianship cases require ongoing court involvement, ensuring that those appointed are fulfilling their responsibilities. While the court process can be complex, it’s designed to protect those who can no longer make decisions themselves. Should there ever be a reason to change a guardian, it can be done, but only with court approval, maintaining the integrity and protection of the individual's needs.

While the guardianship process may seem daunting, remember it serves to safeguard your loved ones. If you’re unsure which path to take, reach out to a legal professional. They can help ensure you navigate your options and craft a plan that secures both care and financial stability for those you cherish the most.