Guardianship Forms

Who is a Guardian?

Children’s natural guardians are their parents. However, there are cases in which a minor needs a court-appointed guardianship to take care of their personal needs (a custodial guardianship), preserve their assets (a financial guardianship), or both.

There are mainly three types of Guardianship –

1. Involuntary
2. Voluntary guardianships for adults
3. Guardianships of minors

Some people require assistance with handling their everyday affairs due to old age, illness, or an accident. If this occurs, a judge may name a guardian for them.

Legal words used to describe the relationship between the person protecting another (the guardian) and the individual being protected include “ward” and “ward of the court.” The steps involved in naming a guardian are as follows:

• Submitting a court application
• Having a judge hear your case
• Selecting a guardian by court appointment, if necessary

Benefits of Guardianship

The last and best option to defend someone should be a guardian because having one removes their rights. Other methods are often attempted first before asking a court to appoint a guardian, such as:

• Hiring someone to provide money planning and bill payment assistance
• Finding a decision-maker to support with decisions regarding one’s health
• Registering the client in community services, such as Medicaid programs, that are available
• After an appointment, a guardian regularly takes on a permanent role. However, a judge may find that no guardian is required if circumstances materially change.

After receiving a referral to the Guardianship Services Program

• Identifies any signs of reduced ability in the person.
• Identifies limited guardianship alternatives.
• Identifies additional individuals or groups who are available, qualified, and suitable to act as guardians.

When no family member, interested party, or substitute guardian is available, and all least restrictive options have been explored, HHS (Health and Human Services) may request that the court appoint them as guardians.