Guardian

A Guardian is a person or entity appointed by a court to manage the affairs of another person who is deemed by the court unable to do so themselves, called the ward. The power of a guardian is set when the case is presented in court and can be broad or limited to specific capacities. For example, a Guardian of the Estate is responsible for the conservatee’s financial affairs, and a Guardian of the Person is responsible for their well-being and health. The court may appoint different people to manage each set of responsibilities. Some decisions cannot be made by the guardian without court approval.

Unlike appointing an Agent with Power of Attorney, the ward does not consent to the guardianship or select the guardian, and the guardian may take action against the ward’s wishes if that action is in the best interest of the ward. This makes guardianship is a significant legal intervention and is typically only used when other less restrictive options are not viable.

The terms guardian and conservator are used in different jurisdictions to refer to similar concepts, sometimes interchangeably. In some jurisdictions, conservatorship describes management of an older adult’s affairs, while guardianship describes management on the behalf of a minor. In others, conservatorship is used to describe the managing the financial affairs of an adult or child (see Guardian of the Estate), while guardianship is used to describe the responsibility of making decisions about the person’s well-being and healthcare (see Guardian of the Person). Consult your local legislation to know which terms are used in your area.