If you’re putting together an estate plan, chances are that you’ve appointed some of your loved ones to carry out the requests you’ve set out in your will. However, have you considered requesting a family member to be your guardian?
The guardianship role is appointed by a court to someone who will care for a person (also known as a ward) in need of financial or physical care. In our previous blog, we explained what decisions a “guardian of the person” and “guardian of the estate” could legally make for a ward. In this blog, we’ll discuss two more guardianship roles that you can request.
Guardian of the Person and Estate
A “guardian of the person and estate” makes decisions on behalf of a ward’s estate and/or their well-being. The extent of their power is defined by a judge. However, in some cases, the court may give a guardian full power over a ward’s estate and care if they cannot make decisions for themselves.
A “temporary guardian” oversees a ward’s well-being and affairs concerning their estate until the ward can make decisions on their own again. For example, a temporary guardian can care for someone who is recovering from surgery but is expected to fully recover and be of sound mind in the future. This type of guardianship stays in effect for 60 days.
Before a court can appoint a temporary guardian, it must determine whether the person in question is incapacitated in any way and if there is an immediate danger to the person or the person’s estate.