Guardianship

Legal guardianship involves a court appointing an individual to make decisions for someone unable to do so themselves. It's important to note that someone with a mental illness may exhibit poor judgment, but this alone is not enough to obtain guardianship.

Types of Guardianship

Person Guardianship (Guardianship of the Person)

Focuses on personal well-being and care decisions.

  • Healthcare decisions
  • Housing arrangements
  • Education choices
  • Daily life arrangements
  • Ensures the ward receives proper care and support

Estate Guardianship (Guardianship of the Estate)

Manages financial affairs and assets.

  • Bill payment
  • Investment decisions
  • Financial management
  • Protects the ward's financial interests

Limited Guardianship

Grants authority over specific aspects of life only, rather than full control. This option preserves more autonomy for the individual.

State vs. Public Guardianship

State Guardians

Appointed when no one else is available to serve in this role. The state steps in to protect individuals who have no family or friends able to take on guardianship responsibilities.

Public Guardians

Appointed when individuals have substantial financial assets that need professional management and oversight.

Guardian Responsibilities

Guardians must act in the ward's best interests, including decisions about:

  • Residential placement
  • Hospitalization
  • Outpatient services
  • Medication management