Understanding Guardianship: Person vs. Estate

Guardian of the Estate: Managing Finances

When handling your loved one’s financial matters, a Guardian of the Estate plays a crucial role. They manage finances, pay bills, and protect property, all under court supervision. Often, assets are placed in a “blocked account” to ensure complete oversight and protection of the individual’s financial interests.

 

Guardian of the Person: Day-to-Day Care

If you’re involved in daily and personal care decisions, understanding the role of a Guardian of the Person is essential. They handle tasks such as housing, medical care, education, and most importantly entertainment. For minors, this encompasses feeding, clothing, schooling, and health care, while for adults, it involves managing medical appointments and residential decisions.

 

Combined Guardianship: A Holistic Approach

Sometimes, one person is granted combined guardianship, allowing them to manage both personal and financial aspects. However, the court may determine that separate individuals should assume each role to best serve the person's needs.

 

Guardianship vs. Power of Attorney

It’s important to understand that guardianship does not replace a power of attorney (POA). POAs are voluntary and set up by competent individuals, while guardianships are court-appointed if no prior legal authority exists. If someone has a financial POA but lacks a health care POA, a guardian may still be necessary for personal decisions.

 

Changing Guardianships and Court Involvement

Remember, guardians can be changed, but only with court approval. The court is involved in all guardianship cases, offering ongoing oversight. This ensures that guardianship is performed with the individual’s best interests at heart, protecting those who cannot make decisions themselves. Guardianship may seem daunting, but it serves to protect individuals unable to make their own decisions. If you’re unsure about which path to take, seeking legal advice can clarify options and help create a solid plan for your loved one's care and financial stability.