What Is A Guardian?

A guardian is a person that a probate court appoints to make decisions regarding the care and custody of an incapacitated person. Though guardianships can be useful, and sometimes necessary, if there is another way for this person to be assisted with making decisions we always should do our best to offer help in the least restrictive way possible. If the individual still has some capacity, appointing a power of attorney to assist in making these decisions is favorable to guardianship.

If no power of attorney has been designated, you are able to ask a court to appoint you as a guardian for the incapacitated person. In this process, the court will always ask if you can be a limited guardian, which means that you may only receive certain powers, instead of being a full guardian. For example, if you need to be able to make medical decisions for a loved one who has an upcoming surgery, the court will grant you the limited power to make only medical decisions. However, if your loved one needs more complete care, you can ask the court to grant you a full guardianship and one may be granted to you under those circumstances.