The Different Types of Guardianships

Guardianship of the Person and/or Estate

In the legal world, a Guardianship is separated into two parts.  In essence one person has two identities. In order to determine the type of Guardianship someone needs, we must consider the two identities, Guardianship of the Person and Guardianship of the Estate. 

Guardian of the Person

The first identity is what we call the "Person."  Is someone able to care for their personal needs, such as feeding themself, clothing themself and taking care of their personal hygiene?  Are they able to understand and make their own medical decisions?  Are they able to decide where they live, if they drive a car, vote, do their own shopping, etc.?  Are you getting the idea?  

Guardian of the Estate

The next identity is what we call the "Estate."  Is the person able to take care of their finances?  Are they able to pay their own bills?  Are they able to properly pay the yard guy or able to write their own checks and keep track of them?

As you can see, there are many moving parts involved in a Guardianship. It's important to consult a quailifed Guardianship attorney to help you navigate through the process. For more information on Guardianship, request our free book, Is your Loved One in Need of a Guardian?.

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