Although it can be difficult to think about, there might come a time when you are unable to care for your loved ones. It’s important to have a plan in place to make sure that you can continue to provide for their needs and give them a stable future. One helpful legal tool to consider is guardianship. Below, you’ll find information about guardianship, including the role of a guardian and the types of guardianship. 

What is Guardianship?

Legally, a guardianship is a relationship where a court appoints an individual (known as the guardian) to be responsible for the well-being of someone who cannot care for, or make important decisions for, themselves (known as the ward). 

What is the Role of a Guardian?

In a guardianship, the guardian is legally responsible to make decisions on behalf of the ward to ensure their well-being and appropriate care. Most often, the scope of decision-making includes:

• Healthcare – Making sure that all necessary medical treatment is given to meet the ward’s needs
• Finances – Managing money, bills, investments, etc. and using funds appropriately to care for the ward
• Living arrangements – Determining the best living environment for the ward and arranging for their physical care 
• Education –  When the ward is a minor, making decisions about schools and extracurricular activities, as well as ensuring the ward has clothing, school supplies, transportation to school, etc. 

Types of Guardianship

Guardianship typically falls into two categories: for minors and for adults.

Guardianship of a Minor

In the eyes of the law, children under the age of 18 (or, minors) do not have the appropriate life experience to make important decisions for themselves. If a parent becomes unable to care for their minor-aged child, the court will appoint a guardian to take over the parental role.

Guardianship of an Adult

For adults who are incapacitated, whether due to disability, mental health issues, illness, or age, a court will first evaluate whether the person is able to make decisions for themselves or not. If the court deems a guardianship is in the best interests of the individual, they will appoint one, usually with input from family members and health professionals.

Securing Your Family’s Future

Although your loved ones might not need a guardian yet, it’s important to have a specific and detailed plan in place, especially if you have minor children or a special needs child. You don’t want to leave it up to the courts to decide. Instead, you can include instructions in your estate planning. 

First, choose a guardian who is trustworthy, responsible, in good health, and able to make important decisions on your loved ones’ behalf. Often, guardians are close relatives or trusted family friends.

Next, consult with legal professionals who are experts in family law and estate planning. They can guide you through the estate planning process and help you put appropriate plans in place that will stand up in court and make the process smoother for your family. 

The attorneys at Lonich Patton Ehrlich Policastri (LPEP Law) offer a full range of legal services in these areas, including wills and trusts (i.e., living, special needs, life insurance, dynasty, etc.). Call LPEP Law at 408-553-0801 to schedule your free, 30-minute consultation to discuss your family’s needs and start protecting your family’s future today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.