What is a guardianship?
A guardianship is a legal arrangement in which a guardian is appointed to make decisions on behalf of another person, called the ward. In California, a guardianship is established when a court determines that a person is unable to care for themself due to their age, disability, or other condition. The guardian is then responsible for the ward’s care, rights, and other financial matters. When a guardianship is established, the court must give the guardian specific authority to do certain things, such as make decisions about where the ward will live, provide consent for medical treatment and education, and manage the ward’s money and property. The guardian may also be responsible for the ward’s day-to-day care, such as meals, transportation, and medication. In California, guardianships can be either temporary or permanent. For a temporary guardianship, a court will appoint a guardian for a specific period of time and with specific authority. Permanent guardianships are more involved and require more legal paperwork. In either case, the court must approve the guardian before they can take any action on behalf of the ward. The purpose of a guardianship is to protect the ward’s rights and welfare. As such, the guardian must always act in the best interests of the ward. If a guardian fails to do so, they may be held liable. It is therefore important that guardians understand their role and responsibilities before accepting a guardianship.
Related FAQs
How do I probate an estate?What is a will?
What is a family trust?
What is a trust fund agreement?
What is a trust certification?
What is a business succession plan?
What are the elements of a trust?
What is a grantor?
What is the Uniform Trust Code?
What is a trust agreement?
Related Blog Posts
Understanding the Basics of Trusts and Estates Law - July 31, 2023Tips for Drafting Wills under Trusts and Estates Law - August 7, 2023
Guidance for Creating a Family Trust - August 14, 2023
What is a Testamentary Trust? - August 21, 2023
How to Name an Executor of Your Estate - August 28, 2023