What is a guardianship?

A guardianship is a legal relationship established by a court in which a guardian has the responsibility to care for someone, known as the ward, who is not able to care for themselves. In California, guardianships can be established for minors, elderly persons, and adults with physical, mental health, or developmental disabilities. In the case of minors, guardians are typically the parents who are responsible for the physical and emotional care of the minor. In the case of elderly persons and adults with disabilities, the court will appoint a legal guardian to advocate for the ward and make decisions on their behalf. This can include making decisions about medical care, finances, and daily activities. Guardianships can be as limited in scope as necessary, or can cover all aspects of the ward’s life. The court will appoint a guardian based on their ability to act in the best interests of the ward, and the guardian will be required to submit regular reports to the court about the ward’s condition and any decisions that the guardian has made. If the ward is able to make their own decisions, the court will require the guardian to respect the ward’s wishes at all times. Guardianships are designed to provide care, support, and protection for people who cannot make their own decisions. In California, guardianships must be established under the rules and guidelines set out by the court.

Related FAQs

What is probate?
What is financial exploitation of the elderly?
What is a trust amendment?
What is a trust administration?
How do I plan for a supported living arrangement?
What is a revocable living trust?
What is elder financial abuse?
What is a Medicaid spend-down plan?
What is a health care proxy?
What are the advantages of enrolling in a long-term care insurance policy?

Related Blog Posts

Essential Questions to Ask about Elder Law - July 31, 2023
Frequently Overlooked Considerations in Elder Law - August 7, 2023
Financial Benefits of Elder Law Planning - August 14, 2023
Navigating the Complexity of Long-Term Care Planning with Elder Law - August 21, 2023
The Cost of Not Planning for Elder Law - August 28, 2023