Guardianship

Guardianships may be useful, or even required, when dealing with issues of incapacity.  Incapacitated individuals include minors and adults who do not have the physical and/or mental ability to take care of their own needs.  

A Guardian of the Person may be appointed by a probate judge to take care of the personal and physical needs of an incapacitated individual.  For example, a Guardian of the Person will be responsible for making sure that the individual’s medical needs are met, as well as housing, meals, and coordinating participation in appropriate social events.  

A Guardian of the Estate is responsible for managing the property and assets of an incapacitated individual.  The Guardian of the Person and of an Estate may or may not be the same person, depending on the situation.  It is up to the probate judge to decide what is in the best interest of the incapacitated person.