Guardianship

A guardian is a person, institution, or agency appointed by the Probate Court to manage the affairs of another, called the ward. A guardian may be appointed to someone who lacks the capacity to make reasoned decisions to protect themselves from harm and can either be a minor or an adult.  Usually a guardianship must be established through the court, however, there is another short-term option where a parent or current guardian may relinquish/delegate the rights and obligations of guardianship through a specific authorization.

Short-Term and Long-Term Guardianships

A guardian is a person, institution, or agency appointed by the Probate Court to manage the affairs of another, called the ward. A guardian may be appointed to someone who lacks the capacity to make reasoned decisions to protect themselves from harm and can either be a minor or an adult. Any person over 18 years of age and not in an adverse position can petition the court for guardianship. The judicial process requires that you obtain a report by a licensed physician prior to filing the petition with the court. After filing the petition, a Guardian ad Litem (GAL) will be appointed to the case. The GAL will meet with the respondent and will file a written report and appear/testify concerning the appropriateness of guardianship. There are alternatives to guardianship such as living wills, powers of attorney, surrogate decision makers, and other alternatives. If you need assistance with the guardianship process please contact the Nye Law Group.