Commonly Asked Questions About Guardianship

Why is a guardianship necessary?

Guardianships exist to safeguard individuals who are incapacitated, as well as their assets. Because of this protective role, most actions taken within a guardianship are closely monitored by the court.

What is a guardian?

A guardian is an individual appointed by the court to make decisions and act on behalf of an incapacitated person, whether regarding their personal affairs, their property, or both.

Who needs a guardian?

Guardians may be needed for minors who possess significant assets, are involved in litigation, or do not have parents available to care for them. Incapacitated adults may also require a guardian. An incapacitated adult is someone whom a court has determined lacks the ability to manage some or all of their property, or to meet certain essential health and safety needs.

What is a ward?

A ward is an individual for whom a guardian has been appointed by the court.

Who may serve as a guardian?

A guardian can be a responsible adult or a qualified financial institution.

How is guardianship established?

A guardianship is established by filing a petition with the court. For adults, the court must first determine whether the individual is incapacitated, unless the adult is voluntarily requesting the guardianship. In most cases, the court appoints an examining committee to assess the person and provide a report. The court will consider the wishes of the alleged ward, unless the individual is represented by private counsel.

What is a plenary guardian?

A plenary guardian is someone appointed by the court to exercise all legal rights and powers on behalf of the ward that can be delegated.

What is a limited guardian?

A limited guardian is appointed by the court to exercise only those legal rights and powers specifically identified in a court order. This occurs when the court finds that the ward lacks the capacity to handle certain, but not all, aspects of their personal care or property, or when an individual voluntarily requests a limited guardianship.

How does a guardianship affect a ward’s rights?

When the court determines a ward’s incapacity, whether total or limited, the ward’s rights are divided into three categories:

1. Rights that are removed from the ward and not given to the guardian
2. Rights that are removed from the ward and delegated to the guardian
3. Rights that the ward retains

Does the guardian get paid?

Yes, both the guardian and the guardian’s attorney are entitled to receive payment for their services from the ward’s assets. All guardianship-related costs are also paid from the ward’s assets. However, the court must approve these fees and expenses to ensure they are reasonable.

Can a guardianship be terminated?

Yes, a guardianship can be terminated if the ward is no longer incapacitated or upon the ward’s death. For minor wards, the guardianship ends when they reach the age of legal majority.

What does a guardianship cost?

Typical costs for establishing a guardianship include filing fees, fees for the examining committee, court-appointed attorney fees, guardianship training tuition, and the petitioner’s legal fees. Altogether, these expenses usually range from $1,800 to $2,000.

What if the ward cannot afford the costs?

If the ward is truly unable to pay, private attorneys may volunteer their services, and the county will cover the remaining costs and expenses. These arrangements should be coordinated through your local Bar Association’s Legal Aid Society.