The reasons why guardians are appointed to watch over minors are many. The minor’s parents may no longer be around hence a guardian is appointed in place to watch over them. A guardian’s role may vary too from person to person. 

A guardian should not be confused with a conservator. A conservator is appointed when the person is disabled or mentally unsound to make their own decisions. Sometimes a guardian may be appointed to look after disabled people and people of unsound minds. However, a conservator takes over much of the legal side of things for the disabled person or person of unsound mind. 

What can a guardian do? 

A guardian has legal rights over a child – an individual not of legal age. The guardian of the child can help to apply for identity cards, passports, and school for the children they are looking after. They are also responsible for the child’s overall support, health, and education. 

Not everybody can be the legal guardian of a child. Under the law, both the biological father and mother only can be the legal guardian of the child. If the parents are divorced, the civil court may appoint either one of the parents as the legal guardian of the children. In some cases, both parents can be joint guardians of the child under a joint custody to either of the parents. 

In any given case where both parents have passed away, then a relative may take over and be the children’s legal guardian. The new legal guardian can be an aunt or uncle, or even a grandparent. The New legal guardian may file for an application to the court with the help of a lawyer. Through a lawyer, they may apply for the guardianship or custody of the children. 

However, there are cases and scenarios where people may dispute the guardianship of the children. Some relatives believe that they make better guardians of the children, hence wanting to take over as their legal guardians. 

If that was indeed the case, you may consult a lawyer and be advised upon knowing all the background and circumstances of the dispute. By the end of the day, the children’s overall well-being should be in everyone’s paramount interest. 

Are there any other alternatives to guardianships?

Yes, there are alternatives to guardianships. They may include: 

• Case or care management
• Healthcare surrogacy
• Trusts
• Powers of the attorney
• Living wills
• Community advocacy systems
• Community agencies and/or services
• Support decision-making networks. 

Note that although these may be alternatives to legal guardians, it may not have the full rights of a legal guardians. If unsure, please consult one of our lawyers for further assistance. 

When should you appoint a legal guardian? 

Basically anytime in point, in all honesty. There is no timeframe or deadline for anyone to appoint a legal guardian for your children. However, here are some circumstances where and when you should appoint a legal guardian. 

• Before you set foot traveling overseas without your children
• As you began aging and you still have underage children
• When you are really sick and have no cure for your illness or disease
• Before you undergo a major medical procedure or treatment
• After a divorce
• After you have remarried

If an appointed legal guardian suddenly becomes unable to fill their role as the legal guardian (eg: death, illness, etc) 

Bottom Line 

If you need to appoint a legal guardian today, feel free to talk to one of our lawyers. Appointing a legal guardian should not and is not a complicated matter. Reach out to us and let us walk you through the process.

What are their roles? 

To make things easier, let us summarize what their roles are. 

Guardians 

A guardian or guardianship may be needed when the individual loses capacity to make sound decisions with their own health and safety. If the person has dementia, Alzheimer, traumatic brain injuries, physical disabilities, or mental health issues, then they will quite likely have problems managing on their own. They will have problems with making decisions on their living arrangements, treatment, and personal care. 

If the person suffers from such scenario, their relative may petition for guardianship. A guardianship is important when there is no healthcare power of attorney present and no clear person’s instructions to follow. 

Conservatorships 

Conservators or conservatorships are sought after mostly for the financial aspects of the individual. Although the person may be physically challenged, they may not be mentally challenged. If the person is physically challenged but not mentally challenged, the person can still make sound judgement and decisions regarding their financial aspects of their life. 

If the person is mentally challenged and cannot make sound decisions for their finances and their assets, then a conservator will need to be appointed. A conservator can oversee running the financial aspects and estate of the person they are to look after. 

What are a conservator and guardian’s limits in managing a ward’s finances? 

As a guardian and a conservator have very distinctive roles, there are bound to be limits to their roles too. A conservator cannot do everything a guardian does and vice versa. There may be some overlap and crossover between their roles, however, there are certain areas where it’s exclusive to just their roles. Here are some key differences in their limits. 

Bottom Line 

Conservators and guardians may have very distinctive roles in their wards’ lives. Though their roles may cross over and overlap at certain areas and points in the wards’ lives does not mean their roles are one and the same. There are certain limitations to the roles of the conservator and the guardian. Above are some of the main differences. 

If you need help with appointing a conservator or a guardian, we are more than ready to assist. If you have any questions, feel free to reach out to us for further assistance.

For the most part, a guardian is appointed when the individual no longer has immediate family members to help them to make important decisions. This will include minors like children. The authority that a guardian has over their appointed individual is also called guardianship. 

What is a conservator? 

A conservator is granted many different rights and responsibilities under the country or state’s laws. They can also be called guardians sometimes. They can be very useful in many situations when the child is not legally able to take care of themselves. For very obvious reasons, there are many scenarios where a child cannot make certain decisions for themselves. There are certain guardianships that exist for the protection of the protected person. 

Generally, a guardian can be a conservator of the “estate”. The ”estate” can also refer to any assets and properties that are left behind to the child by their biological parents. 

What can a guardian do if their conservatee is a child? 

A guardian will have legal authority over the child’s life as the court provides. The guardian will take over the child’s daily activities such as: 

• Healthcare
• Living arrangements
• Properties and assets
• Financial affairs
• Education
• Social affairs
• And any and all decisions regarding the child’s belongings 

At times, the guardian may also have full guardianship. The guardian may essentially have the same rights and responsibilities as a parent have over their child. The guardian can also make the same decisions the parents make for their own children too. 

Are there any different types of guardians? 

Yes, there are different types of guardians. In a lot of countries, there may be several different types of guardianships. Each has a different kind of duty and responsibility. 

a. Guardian for a person 

The court grants the person the legal right to make final decisions for the child/adult’s daily lives. It can include a broad range of responsibilities. The court that appoints the guardian to the child will have to thoroughly know the child’s daily lives, including the social and education aspects. That way, the court can appoint someone who is responsible and can handle the child’s daily needs. 

• At times, such guardians will need to make decisions such as: 
• Handling any special care arrangements
• Decide where the child will live
• Take charge of healthcare decisions
• Arrange for personal care, food, and other provisions 

b. Guardians of the estate 

A guardian of the estate is usually someone appointed by the court to manage the estate. They will have the legal rights to handle and manage financial affairs and make financial decisions on behalf of the child until they reach legal age. 

The court will oversee the guardian’s management of the estate and the guardian will need to obtain authorization to make certain transactions. For example, if they need to sell certain assets, the guardian will need to seek approval from the court first before being able to sell it. 

c. Guardian for both scenarios 

Generally, most appointed guardians will take responsibilities over the two. In the case where both roles are needed, then it should make sense that the court will need to appoint a guardian with authority to overlook both the person and the estate. In this case that involves a child, it’s quite likely the child will need a guardian who can handle both. 

How are guardians for children appointed? 

To establish guardianship, someone must file a petition in the appropriate court. Usually, this is done in a probate court. You will need to consult an experienced attorney, who is usually a lawyer who deals with wills, trusts, and assets. They will start you in the process of appointing the best guardian for the child. The very same lawyer will know which court to file and what documents are needed. 

There will be times when family members will be present to compete for the role of the guardian over the child. It’s a common occurrence and it’s a valid one at that. Usually, the court will favor the child’s surviving parent or surviving relative. Generally, anyone who has blood relations with the child will have more influence over being the child’s guardian. 

On the other hand, if there is no strong evidence that the blood relative can be the best guardian, then it’s quite likely a non-relative or non-blood-related person will be appointed instead. In such cases, a professional guardian will be appointed in place of the blood relative instead. 

Bottom Line 

A guardian’s job may seem very simple and easy on the surface. However, they do have a massive list of things to take care of for the child they are watching over. 

If you ever need any help with appointing a guardian, feel free to reach out to us today. We are more than happy to assist and advise you on all things about guardians here at Sim & Rahman.