The Law Offices of Evan J. Krame

WHAT IS A GUARDIANSHIP?  

Guardianship is needed when a person is unable to make and communicate responsible decisions regarding his personal care or finances due to a mental, physical or developmental disability. Without more, a mental, physical or developmental disability is not sufficient for the appointment of a guardian. The fact that a person is elderly, mentally ill, developmentally disabled, or physically disabled does not necessarily indicate a need for guardianship. The extent to which a guardian is allowed to make decisions for a ward is determined by the court based on a thorough clinical evaluation and report.

WHAT TYPES OF GUARDIANSHIP EXIST? 

Two basic types of guardianship are " guardianship of the person" and "guardianship of the property". A "guardianship of the person" is appointed by the court when a disabled individual cannot make or communicate responsible decisions regarding his personal care. This guardian will make decisions about medical treatment, residential placement, social services and other needs. The court appoints a "guardianship of property" when a disabled person is unable to make or communicate responsible decisions regarding the management of his estate or finances. The guardian will, subject to court supervision, make decisions about the ward's funds and the safeguarding of the ward's income or other assets.