Types of Guardianship: Person vs. Estate Explained

Navigating the complexities of care for a loved one is never easy. Whether you're actively managing a person's care or planning ahead, understanding the types of guardianship is crucial for making informed, protective decisions.

Guardian of the Person: Managing Daily Care

This type of guardian is responsible for making daily and personal care decisions. For minors, this includes feeding, clothing, schooling, and healthcare. For adults, it encompasses managing medical appointments and residential choices.

Guardian of the Estate: Financial Stewardship

The Guardian of the Estate manages finances, pays bills, and protects property. This role requires court oversight to ensure proper management, and assets are often placed in a “blocked account” to safeguard them.

Combined Guardianship Roles

In some cases, one person may handle both personal and financial responsibilities, though courts may assign separate individuals to each role. If separate, cooperation between guardians is key to the well-being of the ward.

Court Involvement and Powers of Attorney (POA)

Guardianship is court-appointed when no prior legal authority exists, unlike a POA, which is set up voluntarily by a competent person. If someone has a financial POA but not a healthcare POA, a guardian may still be needed for medical or personal decisions.

Changing Guardians

Guardians can be changed, but only with court approval. This process is in place to ensure that each guardian serves in the best interest of the individual needing care.

While guardianship can seem daunting, remember it is designed to protect individuals who can no longer make their own decisions. Seeking legal advice from professionals can help you explore options and create a plan that ensures care and financial stability for your loved ones.