A guardian is a person appointed by a court to serve as a substitute decision maker for a person called a ward who, because of an impairment, is found by a court to be incompetent.
The court may appoint one or more persons to meet the ward’s needs. The court may give the guardian authority to make personal decisions for the ward, including providing informed consent for health care and medication, deciding where the ward will live, and deciding who will provide social and supportive services for the ward. This type of guardian is a “guardian of the person.” The court also can give the guardian authority to manage the ward’s money and other property. This type of guardian is a “guardian of the estate” or more commonly referred to as a conservator.
The court has broad discretion in deciding whom to appoint as guardian and/or conservator. The court makes the decision based on what it believes to be in the best interest of the proposed ward. The judge will consider the preference of the proposed ward or adult relatives or friends of the proposed ward. Often, an adult family member or a family friend is the best choice to be appointed as guardian and/or conservator; however, non-family members are often appointed as well.
A guardian is a person appointed by a court to serve as a substitute decision maker for a person called a ward who, because of an impairment, is found by a court to be incompetent.