T
he fiduciary relationship between a guardian and a ward or other incapacitated person, whereby the guardian assumes the power to make decisions about the ward’s person or property. A guardianship is almost always an involuntary procedure imposed by the state on the ward. Black’s Law Dictionary 776 (9th ed. 2009).
Guardianship of the estate:
A guardianship in which the guardian can make decisions only about matters regarding the ward’s assets and property. Black’s Law Dictionary 776 (9th ed. 2009).
Guardianship of the person:
A guardianship in which the guardian is authorized to make all significant decision affecting the ward’s well-being, including the ward’s physical custody, education, health, activities, personal relationships, and general welfare. Black’s Law Dictionary 776 (9th ed. 2009).
In some instances, it may be necessary for a minor to live with a legal guardian other than their parents. A legal guardian assumes many of the responsibilities of a legal parent, including providing for the child’s basic needs such as food and housing. Guardianships can be established for adults as well, but usually only for persons that have a disability that affects their ability to care for themselves. A person for whom a guardian is appointed is referred to as a ward. There may also be a guardianship established for someone to manage a ward’s estate on their behalf, if the court determines that the ward is unable to make financial decisions for themselves, usually due to disability or by virtue of being a minor.
A guardianship is a legal relationship between a minor child or incapacitated adult and a guardian that gives the guardian certain rights and obligations regarding the ward. However, a guardianship does not sever the legal relationship that exists between a child and his or her biological parents. The parental rights of the child’s biological parents stay in-tact and the guardianship can be terminated if the biological parents are able to show that the guardianship is no longer necessary.