What is a guardianship?

A guardianship is a legal situation in which an adult, known as the guardian, is designated to make decisions and take care of someone who is not competent to do so on their own. This person, known as the ward, is usually under the age of 18 or someone deemed mentally or physically incapacitated due to a mental or physical disability. The purpose of the guardianship is to ensure that the ward’s physical, emotional, and financial well-being are taken care of and that the ward is not exploited by anyone. In California, guardianships are governed by the Probate Code, which outlines the necessary procedures to be appointed guardian of an incapacitated person. To become a legal guardian, an adult must file a petition in court. The petition is reviewed by a judge and if a guardianship is deemed necessary, the judge will appoint one or more guardians. The court will also consider any interested person’s opinion before appointing a guardian. Once a guardian is appointed, the guardian is legally responsible for managing the ward’s property, filing his or her taxes, making decisions about healthcare, and ensuring the ward’s safety and well-being. The guardian must also report regularly to the court and the court may review or revoke the guardianship at any time. Guardianship is a serious responsibility and those who assume it should understand that the court is always present and observing the guardian’s actions.

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What is a guardianship?

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