Guardianship

In one sentence

A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.

Plain English

Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.

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Example

When twelve-year-old Marcus's parents die in an accident, his aunt petitions the court for guardianship. The court appoints her as his legal guardian, giving her authority to make decisions about his schooling, medical care, and finances until he turns eighteen.

Used in a sentence

“The court established guardianship for the elderly man with advanced dementia, appointing his daughter to manage his care and finances.”

Related terms

Power of Attorney

A legal document authorizing someone to act on your behalf in financial or medical decisions.

Living Will

A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.

custody

Physical control or confinement of a person by law enforcement or the state.

Legal Capacity

The legal and mental ability to enter into a binding contract.

Probate

The court process of validating a will and distributing a deceased person's estate.

Public Policy

Contracts that violate society's fundamental interests or values are unenforceable.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.