What is a Guardian?
A guardian is a person legally designated to take care of a person or his property. That could be because he/she is a minor or is permanently incapacitated due to mental or physical impairment or the guardian was designated in a Last Will and Testament. There are two types of guardianship that the court may appoint: guardian of property and guardian of a person.
How is Guardian of Property different from Guardian of a Person?
A guardian of property, also known as guardian of the estate, is someone designated to take care of the property of a ward. There are many reasons why a guardianship may become necessary. A guardian of the estate may be appointed along with guardian of a person, and often the same guardian oversees both the person and his property.
A guardian of the estate has a fiduciary duty to act responsibly in managing the estate of the ward and must make decisions that are in the best interest of the ward.
A guardian of the person grants the guardian sole custody of the ward. There are two scenarios where a guardian may be appointed: The ward could be a minor. Most often this guardian arises when a minor’s parents may no longer care for them. The ward could be an incapacitated adult. A guardian may be appointed for an adult who is unable to provide care for himself because of mental or physical conditions.
The guardian of a person provides daily necessities such as food, clothing, and shelter and oversees medical care. The guardian has the legal right to consent to any needed medical care.
Only one person may be appointed as guardian of the person or estate, and it can either be the same individual for both guardian of the person and estate, or a different individual may be appointed for each role.
Guardianship is preparing for the future.
We hope this answers some of your questions about Guardianship. Whether you need to be appointed guardian over a loved one, or you want to put documents into place should the need for guardianship ever arises for you, contact Penning Law, PLLC.
Penning Law focuses on wills, estate planning and probate administration. Attorney Heather Penning is equipped to answer all your questions about guardianship and preparing for the future. Call 832-463-1789 or reach out on the website to request a consultation.
Penning Law PLLC offers Divorce and Child Custody Legal Services in Harris, Montgomery, and Liberty Counties including the communities of; Humble, Atascocita, Kingwood, Porter, Conroe, Spring and Greater Houston area.
