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Guardianship Facts

Establishing guardianship for an adult is a fairly drastic measure. It’s a legal process that has to be overseen by the court to ensure the individual is being cared for properly. The most common reason for establishing a guardianship for an adult relates to incapacitation. If an individual is no longer able to care for him/herself or the estate then a guardian may be put into place by the court to oversee major decisions concerning healthcare and estate planning.

There are three main types of guardianship; estate, person, and person and estate. An estate guardian is someone who cares for financial and estate matters only. This particular type of guardian has no say in the health or wellbeing of an individual and merely addresses issues concerning property. A guardianship of person is one who is responsible for decisions relating to healthcare and other non-financial decisions. They have nothing to do with property or the estate as a whole. Lastly, a guardianship of both person and estate is full and total encompassing all decisions related to the individual.

In order to establish a guardianship, an individual has to be found legally incapacitated. It has to be clearly evident to the court that the individual is no longer able to care for certain aspects of their life whether it is financial or personal. If it appears to the court that they are in danger of financial ruin that’s beyond the scope of poor decision making then a guardian may be appointed to take control of the finances.

If you feel that someone you know or someone you love is in need of a guardian, contact a licensed attorney that specializes in this estate planning.
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James B. Head, Attorney at Law
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Carrollton, GA 30117

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