Understanding Guardianship: Roles, Responsibilities, and Process

A guardian, known as a ward, is legally designated to look after another person. This responsibility typically falls to guardians when the ward, either a child or an adult with disabilities, cannot independently manage their personal or financial affairs.

For Minors: Guardians act in a capacity similar to parents, overseeing the child’s daily care, education, health, and overall well-being. They make critical decisions affecting the child’s development and future.

For Adults: When adults face challenges managing their care due to mental, physical, or developmental issues, guardians handle personal care, healthcare decisions, and financial responsibilities.

How Guardians are Appointed:

Courts are responsible for appointing guardians. This can occur through a will or other legal instrument where a parent or guardian has nominated a successor, or the court may independently choose a guardian based on what it determines to be in the ward’s best interest.

Legal Powers and Boundaries:

Guardians have the authority to make decisions for their ward, but the court monitors this power to safeguard the ward’s rights and well-being. Guardians are expected to prioritize the ward’s best interests and must regularly report their guardianship activities to the court to check on their authority.

Duration of Guardianship:

• For minors, the guardianship period usually lasts until the child becomes a legal adult, which is often at 18 years of age.
• In the case of adults, guardianship may last for as long as the individual remains incapable of handling their own affairs.

Guardianship is a significant legal role imbued with the duty to care for and protect another’s interests. It is subject to the oversight and direction of the courts to ensure the arrangement serves the ward’s best interests.