What is the difference between a guardian and a custodian?

In Illinois, guardianship law specifies the difference between a guardian and a custodian. A guardian is a caregiver appointed by a court and charged with the responsibility of making personal and financial decisions for someone else, often a minor or an adult who is deemed incapable of making decisions on their own due to mental or physical impairments. A custodian, on the other hand, is not appointed by a court but rather is appointed to manage property or assets for someone else. The custodian manages the assets and is responsible for the investment of the assets, but does not have responsibility over personal decisions such as where the person will live, medical decisions, or other decisions of a personal nature. In some cases, one person may serve as both a guardian and a custodian. This is typically done when the guardianship is for a minor child, and the custodian has the ability to manage the child’s inheritance or other assets until the child comes of age. In these cases, both the guardian and the custodian have the authority to make decisions related to the child’s assets, but the guardian is the one with the ultimate responsibility for making decisions related to the child’s personal well-being.

Related FAQs

How long is a guardianship in effect?
Are there tax implications for a guardianship?
What is a guardian ad litem?
How does a guardianship affect Social Security benefits?
Can an individual object to a guardianship?
What happens if a guardian is no longer able to fulfill their duties?
How is a guardianship petition filed?
What is an emergency guardianship?
What is the role of a lawyer in a guardianship case?
What type of guardianship is best for a special needs child?

What is the difference between a guardian and a custodian?

Related FAQs

Related Blog Posts