Probate
Guardianship

Guardianship is a legal proceeding utilized when a person can no longer make or communicate safe or sound decisions about his or her person and/or property. A guardianship should only be considered after all alternatives have proven ineffective or unavailable because a guardianship will curtail the individual's rights to act for himself.

Some alternatives to guardianship may include:

	Trusts
	Durable powers of attorney for asset management
	Durable powers of attorney for health care
	Joint checking accounts
	Representatives or substitute payees

The courts will remove only those rights that the proposed ward is incapable of handling. A good guardian will take into account the wishes and desires of the Ward when making decisions about medical treatments, residence, and in some cases end of life decisions.

The guardianship procedure is to determine legal incapacity and is a serious legal proceeding with serious consequences. The guardian of the estate manages the property and business affairs of the Ward, and performs duties relating to the Ward’s care, control, and custody. A guardian of the person has the right to approve medical, legal, psychological or other treatment. A general guardian takes care of both your property and your person.