Legal Definitions - guardian

Guardians are individuals appointed by a court to take care of people who cannot take care of themselves. These people are called wards and can be either children or adults who are unable to care for themselves. Guardians have a legal responsibility to act in the best interest of their wards and are accountable to the court for their actions.

State and local laws regulate guardianships, and guardians are subject to court oversight. Guardians must provide yearly accounting statements to the court and obtain court authorization for large or extraordinary expenditures. The court or an outside party may raise objections to the guardian's management of the ward's estate.

Guardians have complete control over their ward's finances, property, and care. They are responsible for paying bills, making living arrangements, overseeing medical treatment, and ensuring that minor wards receive a good education. Guardians have a duty to act in the best interests of their wards and are not required to respect their ward's wishes.

Courts appoint guardians based on the best interests of the prospective ward. The court may consider the guardian's finances, health, education, trustworthiness, and relation to the prospective ward. The court may also consider the prospective ward's opinion but is not required to defer to it. Before becoming a guardian, a would-be guardian must post a surety bond. A court may not appoint a guardian whose interests conflict with the ward's.

For example, if a child's parents die, a court may appoint a guardian to take care of the child. The guardian would be responsible for the child's care, including providing food, shelter, and education. The guardian would also manage the child's finances and make decisions about medical treatment.

In another example, if an elderly person becomes incapacitated and unable to care for themselves, a court may appoint a guardian to manage their affairs. The guardian would be responsible for paying bills, managing finances, and making decisions about medical treatment and living arrangements.

These examples illustrate how guardians are appointed to take care of individuals who cannot care for themselves. Guardians have a legal responsibility to act in the best interests of their wards and are accountable to the court for their actions.