A court appoints a legal guardian for those who cannot care for their well-being due to any reason, be it infancy, incapability, or disability. Therefore, a “Ward” is someone who requires special protection.
The legal guardian has the authority to make financial and personal decisions in the ward’s best interest. Guardianship is the legal process of naming someone accountable for an individual`s personal affairs. The court will oversee the guardian’s actions to avoid the chances of any mishandling of funds.
In this article, we will discuss the two most common types of guardianship. Also, the article discusses the differences between full guardianship and limited guardianship.
Types of Guardianship
There are two types of guardianships. Let’s explore a bit more about them:
Full Guardianship (Plenary)
Full guardianship gives the guardian the complete authority to take decisions regarding the affairs of the ward. This includes:
- Deciding where you live
- Authorizing medical treatment
- Handling legal matters
- Managing the financial matters
Limited Guardianship
Under limited guardianship, the guardian can only perform the duties that the ward cannot do by himself. This includes four situations:
- Due to old age, guardianship for an incapacitated senior
- For minors
- Guardianship for disabled adults
- And Guardianship for incompetent adults
Guardianship laws do vary from state to state. Thus, the best approach is to consult with a guardianship attorney to understand the legislative proceedings of your state.
Emergency Guardianship
Emergency guardianship is a form of temporary guardianship. It usually arises due to an emergency. However, an emergency guardian is generally appointed by the court to serve the ward in times of crisis.
In general cases, the ward is either disabled or incapacitated. The court decides that whether or not the individual can handle the situation himself or cannot due to mental disability, addition, or deliberating disease.
The period for an emergency guardianship lasts for a limited time. In most states, it is 90 days; however, it can be extended by the court’s approval if the need arises.
Once the emergency has ended, the appointed temporary guardian must file a report at court. Therefore, this involves providing all the details regarding the services that he/she provided during the tenure.
Who Cannot Be a Guardian?
A court can appoint anyone who is found suitable to serve as a guardian. However, a person cannot be appointed as a guardian if he is:
- Incompetent
- Minor
- Convicted of a felony
Over to You
Full guardianship and limited guardianship can be confusing. Seeking a full or plenary guardianship when a lesser restrictive option is available is a mistake. So is only pursuing a limited guardianship when someone needs help with everything. The stakes are too high to make these mistakes. However, to eliminate the risk, you may speak with a qualified guardianship attorney.