Understanding Guardianship
October 2nd, 2025Guardianship: A Protective Measure for Your Loved Ones
When you find yourself in the position of caring for a loved one, understanding the types of guardianship is crucial. Whether actively managing care or planning ahead, knowing the different types of guardianship ensures you're making informed decisions that protect your loved one's interests. In this blog post, we'll break down the two main types of guardianship and answer common questions that often arise in this context.
What is a Guardian of the Person?
A Guardian of the Person is responsible for daily and personal care decisions. This includes managing medical appointments, deciding on housing arrangements, and making educational decisions. For minors, it also encompasses feeding, clothing, schooling, and healthcare. Picture this scenario: You're ensuring your parent's medical appointments are up-to-date and managing their living conditions—these tasks fall squarely under this type of guardianship.
Understanding Guardian of the Estate
Managing an individual's finances can be daunting, and this is where a Guardian of the Estate comes in. They are responsible for paying bills, protecting property, and overseeing financial assets. This role requires court oversight, often leading to assets being placed in a "blocked account." Essentially, think of this guardian as the family member who makes sure the mortgage is paid and the utilities are on.
Combined Guardianship: Managing Both Worlds
In some cases, one person might manage both personal and financial affairs through combined guardianship. Alternatively, the court may appoint separate individuals to address these distinct roles. This setup might work well for families who trust one person to oversee everything, from the loved one's monthly budget to their living arrangements.
Guardianship and Power of Attorney: Not The Same
A common misunderstanding is equating guardianship with a Power of Attorney (POA). While a POA is voluntary and set up by a competent person, guardianship is court-appointed in the absence of prior legal arrangements. Even if someone has a financial POA, a guardian may still be necessary for personal or medical decisions if there's no healthcare POA in place.
Court Involvement and Changing Guardians
All guardianship cases involve court oversight from initiation to ongoing review. If circumstances change, guardians can be reassigned, but only with court approval. This ensures that the guardian continues to act in the best interests of the individual.
Remember, guardianship is a legal process designed to protect those who can no longer make decisions for themselves. Although complex, it plays a critical role in ensuring the well-being of your loved ones. If you're unsure about the right path, seeking legal advice can help you explore your options and create a suitable plan for ensuring both the care and financial stability of those you cherish.
