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When a person cannot care or protect themselves from neglect, abuse, or exploitation, the legal process to protect them is called guardianship. Being the guardian of a minor, you provide care for the child and manage his or her money. As a guardian of an incapacitated adult, you make decisions for that adult since they cannot make them on their own.
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Many kinds of guardianships exist to ensure the people you care about are taken care of. Are you concerned about a family member? Are you worried about the type of care a child is receiving? When a person does not have proper estate planning before becoming incapacitated, it may become unavoidable to establish a court-supervised guardianship.
In those matters, a court will designate a guardian who will have the power to make binding legal decisions on behalf of the incapacitated individual or minor. Guardians are appointed in cases where a person cannot take care of themselves because they are too young or suffer other incapacity or disability.
In most states, parents of a minor child are the legal guardians of that child and may designate a guardian in the event of their deaths. In some cases, a special guardian may be appointed. That special guardian does not have the broad powers of a legal guardian. The legal process starts with an Application for Appointment of Permanent Guardian.