A guardianship is a legal proceeding where person is appointed by a court to act for an individual who is under a legal incapacity. The person appointed by the court is called a guardian. The guardian has significant legal duties to the individual to act in their best interests. The incapacitated individual is called the ward.

A guardianship’s scope is defined by the Court. A guardianship can be over the ward’s person, the ward’s property or both. It all depends upon the extent of the ward’s needs.

Minority is a legal incapacity. A person under the age of eighteen cannot legally hold title to property or make decisions about how to invest the property. A minor, likewise, cannot make their own decisions about their placement or custody.

When would a guardianship be appropriate for a minor?

			When a minor inherits property from a relative.
			When a minor is orphaned.

Adults can be legally incapacitated by a number of psychological and/or physical ailments.

When is a guardianship appropriate for an incapacitated adult?

			When the adult can no longer manage their own financial affairs.
			When the adult cannot provide basic services for his person, such as cooking, cleaning and grocery shopping.