What Is a Legal Guardian and When Is One Needed?

*Collaborative Post

Based on information cited by the U.S. Senate Special Committee on Aging, there are around 1.3 million people living in the United States today who are under court protection or conservatorship. That number reflects only adults under full court supervision. It doesn’t include the far more common cases where a guardian is appointed to care for a minor child.

People are often affected by the intricacies of issues that relate to guardianship more than they care to acknowledge. Knowing what guardianship entails and when one may call for its existence helps people better understand this legal concept.

What is a legal guardian and why is it important to make contingency arrangements in such cases?

Guardianship for Minor Children

When a minor is under the care of a guardian, a guardian takes responsibility for many of the choices that a parent would normally have made. These decisions include carrying out the day-to-day care of a child, such as making decisions about medical treatment, taking their child to a school, and preserving the welfare and security of the child.

Guardianship is required after the demise, incapacity, or any other inability of a parent to cater for the child, whether for a brief or for a long-term period. A parent can also set up a preferred guardian ahead of time using estate planning documents. This system allows relatives to decide who is in charge, rather than placing that responsibility in the hands of the courts.

Guardianship for Adults Facing Incapacity

The same rule applies in relation to adults who are unable to maintain their own affairs. It can arise out of major illness, trauma, advanced dementia, or developmental disablement.

A court may appoint a guardian so they can make personal and medical decisions for that adult. In some situations, these appointed guardians can assume a related role, like a conservator to oversee finances specifically.

Adult guardianship is usually seen as a fairly big intervention since it can limit a person’s legal independence. Courts usually try to find proof that other, less restrictive options would not actually safeguard the individual in the way needed before they grant guardianship.

How Guardianship Differs From Other Planning Tools

Guardianship is often confused with a power of attorney or a health care proxy, but the tools work differently. A power of attorney or proxy is a document a person signs voluntarily while they still have legal capacity, naming someone to act on their behalf under specific circumstances. Meanwhile, guardianship is typically granted only by a court of law for an adult or minor who cannot take care of themselves. For this particular reason, estate planning lawyers advise their clients that such deeds are arranged before the time when they are actually required.

Recognizing When Guardianship Becomes Necessary

Naturally, guardianships are not events that are often in the mind of a healthy person. In typical cases, an unexpected health condition or any other tragic event warrants the need for one. At such times, the people involved in establishing guardianship find themselves in an emergency, and as one would imagine, this only makes the process more stressful.

People who believe that a guardianship will work for their interest would do well to consult a lawyer well-versed in family matters. One such lawyer is family lawyer William L. Godley, who uses his personal history to provide a dedicated approach to family law, including guardianship. Having a lawyer who specializes in matters related to guardianship allows people to be confident with the actions and decisions they are taking.

Where to Learn More

Families weighing whether guardianship makes sense for their situation, particularly when a minor child’s care is involved, can find a closer look at what a legal guardian is, including how flexible arrangements like standby guardianship can keep a child with a parent whenever that remains possible.

Moving Forward

Whenever such a choice arises in a family, it is important to identify all the possible alternatives. Planning beforehand is often necessary so that the family can receive support that aligns with their interests rather than leaving matters to the court.

*This is a collaborative post. For further information please refer to my disclosure page.