What it is: a legal arrangement in which a court appoints a person to make decisions for someone who is unable to manage their own personal, medical, or financial affairs. They are commonly established for:
- Minor children — when parents are unable or unavailable
- Adults — with disabilities, cognitive impairments, or conditions that limit decision-making
There are two main types: guardian of the person (personal/medical decisions) and guardian of the estate (money/property). There can be one or more guardians.
What it looks like: a petition is filed, the court holds a hearing, and a guardian is appointed with specific powers. It is a court-supervised relationship, not a private agreement.
Watch out for: guardianship is a loss of rights for the ward — they lose the legal capacity to make the decisions the guardian now makes. Courts favor the least restrictive option, which is why a POA or trust is usually better if planned in time.