Guardianship – FAQ’s

What is Guardianship?

  • A guardianship is a relationship in which one party, called a guardian, acts for an individual called the ward. The ward must be unable to manage their person and/or financial affairs.


Are there alternatives to Guardianships?

  • A Power of Attorney, properly signed, may serve as an alternative to guardianship. Also, individuals may establish a trust naming a trustee to manage their property.


How do you know if a Guardianship is necessary?

  • A guardian may be appointed for either an incompetent person or a minor.
  • Incompetent Person is a person who is so impaired as a result of a mental or physical illness or disability, or developmentally disabled, or as a result of chronic substance abuse, that he or she is incapable of taking proper care of themselves or their property. This includes the inability to provide for their family or other persons for whom they are responsible. Incompetent Person also applies to any person confined to a penal institution within this state.
  • Minor refers to a child under the age of 18 who has no living parents or whose parents are unable to provide them with suitable care.


How do I become a Guardian?

  • You must be appointed by the Court. The website has complete details on becoming a guardian.


Do you accept faxes or copies for Guardianship filings?

  • On documents where signatures are necessary, original documents are required.