Guardianship

There are two types of guardianship defined by the court. A guardianship, legally speaking, is the appointment of an individual or an entity to make personal decisions on behalf of and provide care for either a minor child or an adult who is incapacitated.

In the latter case, a guardian is appointed by a judge to make all decisions for an adult who, due to either mental or physical illness or disability, or due to drug or alcohol abuse, can not make decisions on their own. This “incapacitated person” is legally referred to as a “ward.”

Just as in the case of guardianship of a minor, an adult ward’s guardian makes a range of decisions regarding everything from medical care, food, and social activities, to education and housing.

The process of appointing a minor’s or an adult ward’s guardian always goes through the court. Though individuals can be nominated to serve as guardians, the final decision rests with the court, which is responsible for creating the actual guardianship. Adult guardianships are handled by a county’s Superior Court, whereas minor guardianships are initiated in Juvenile Court.

To learn more about your options regarding legal guardianship of an adult or minor, contact our legal team at Joyce & Dubin, PLLC today to speak with one of our experienced attorneys.