What Is a Legal Guardian?
A legal guardian is a person who has been court appointed to care for another person, and make decisions on their behalf. Essentially, a legal guardian assumes legal responsibility over another person. They have been granted the legal authority to care for their ward’s personal and property interests. Some of the decisions that a legal guardian may need to make on behalf of their ward include:
Medical decisions;
Financial decisions;
Contract agreements; and
Other legally binding statements.
Legal guardianship is usually utilized for incapacitated seniors, developmentally disabled adults, and minor children. Legal guardians for minors are the most common form of guardianship. The guardian acts as primary caretaker of the minor, and may be personally selected by the minor’s biological parents as opposed to being appointed by a court. Guardianship arrangements for minors are especially necessary when a child’s biological parents are no longer able to provide care for the child.
Guardianships are regulated by guardianship laws which dictate who can become a legal guardian. They also regulate the manner in which guardianship is to be carried out. Some examples of what courts look for when choosing a legal guardian to appoint include:
The personal relationship between the ward and the proposed guardian;
The unique needs of the ward, as well as their opinion about who should be their guardian;
The ability of the proposed guardian to understand and meet the needs of the ward; and
The length of time that a guardianship is needed.
