Guardianship

What is a Guardianship?

A guardianship action is a court proceeding where one person obtains authority over a minor (a child under 18 years of age). This authority is either over the minor's "person," i.e., where the minor lives, what doctors they may see, what they eat, wear, etc.; or over a minor's "estate," i.e., their assets and financial obligations.

Guardianships and Estates

Guardianship of the person is commonly obtained when there is no parent alive or able to have custody of a minor.

Guardianship of the estate is common when a minor inherits money, or receives money from a lawsuit. This is because minors have very limited rights to handle assets. They cannot negotiate legal documents or enter into contracts. Large assets need to be properly invested, but minors do not have the legal right (and normally they do not have the maturity and knowledge) to manage investments. In this case a guardian can be appointed to manage the minor's assets for the minor's benefit until he or she turns 18.

All actions of a guardian are subject to court approval, and persons named to manage a minor's assets can be held personally liable for mismanagement or personal use of the minor's assets. The guardian's main job is to protect the assets for the minor until the minor can take control of them.

We help clients obtain and administer a guardianship when it is needed. We also provide alternatives to obtaining a guardianship in appropriate situations.

For specific information and legal advice regarding a guardianship, please call and schedule your free initial consultation with a Van Sickle & Rowley Estate Planning Attorney.