Understanding Guardianship in Probate

Guardianship in probate is a legal process designed to protect individuals who are unable to care for themselves, such as minors or incapacitated adults. This process involves appointing a guardian to make decisions on behalf of the individual, ensuring their well-being and managing their affairs. Understanding the basics of guardianship in probate is essential for anyone involved in this process.

What is Guardianship?

Guardianship is a legal relationship established by the court, where a guardian is appointed to make decisions for another person, known as the ward. The guardian is responsible for the ward’s personal, medical, and financial well-being. This arrangement is often necessary for minors without parents or incapacitated adults who cannot manage their own affairs.

Types of Guardianship

There are generally two types of guardianship:

• Guardianship of the Person: This type of guardianship grants the guardian authority to make decisions about the ward’s personal and medical care. This includes decisions about living arrangements, education, and healthcare.
• Guardianship of the Estate: This type of guardianship grants the guardian authority to manage the ward’s financial affairs, such as paying bills, managing property, and handling investments.

Establishing Guardianship

To establish guardianship, a petition must be filed with the probate court. The court will review the petition, conduct a hearing, and determine whether guardianship is necessary. During the hearing, the court will consider evidence and testimonies to ensure that appointing a guardian is in the best interest of the ward.

Responsibilities of a Guardian

A guardian has a fiduciary duty to act in the best interest of the ward. This includes making decisions that promote the ward’s well-being, managing their assets responsibly, and providing regular reports to the court. Guardians must also seek court approval for major decisions, such as selling property or making significant financial transactions.

Conclusion

Understanding guardianship in probate is crucial for ensuring the protection and care of individuals who cannot manage their own affairs. By appointing a guardian, the court ensures that the ward’s personal and financial needs are met responsibly. If you are involved in the guardianship process, consulting with a probate attorney can provide valuable guidance and help navigate the legal complexities involved.