What is Guardianship?

 

The legal process by which the right and power to make decisions and enter into legal relationships is taken away from one person because of his/her alleged incapacity, and given instead to another, the Guardian. The same person can be both a Guardian of the person and of the estate or two people can be assigned to one of the Guardianship.  People seek Guardianship to protect their child because they are vulnerable and some healthcare professionals/services may not want be comfortable with providing services without talking to a Guardian. However, things are changing because the court is concerned with are the decisions and money used appropriately for the person. They have the right to remove the guardian if they see discrepancies and appoint a new one.

• ​Guardianship of a person-All of the decisions other than money. Healthcare, living conditions, etc.

• Guardianship of the estate-Handle assets, financial decisions, credit card to prevent being taken advantage of the financial side. Court will ask for a detailed annual report of what happened to the money from the Ward, Trustee or Conservatee. It will be an annual appointment to review those items.

 

What are co-Guardians and is it a good idea?

Two parents who want to be directly involved in equally shared roles in their adult child's (who has a developmental and/or intellectual disability) life is a common example of this type of arrangement. Courts are careful about appointing more than one person for the same role as this can easily lead to conflict.

 

However, each person can assume a different role that doesn't overlap. For example, one person has Guardianship of the person while the other oversees Guardianship of the Property. It's critical that both people can work together well and communicate effectively.

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This type of arrangement can work well in situations where siblings are busy running managing their own lives so they aren't overwhelmed with all of the responsibilities associated with Guardianship.

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Does a legal Guardian have to be a family member?

No, there isn't a requirement that a Guardian needs to be a family member. On the flip side, there isn't a guarantee that a judge will appoint a family member as a Guardian.

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What is the different between a Guardian and Trustee?

The guardianship has a more rigid oversight and is court appointed. The trustee is a private arrangement so there isn't as much oversight. However, the Social Security office may call upon the trustee to report on what you've paid for on the trust for government qualifications. However, just being a trustee doesn't give you the right to be involved in medical decisions, lEP's, etc. The trustee has more power over the long term dollars. Also setting up just Guardian of the Person and a Trustee has less obligated oversight but there are benefits of Guardianship of the Estate to protect the individual from dishonest financial activity.

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New Rules as of June 1, 2019:

• Guardianship Tracking System: One of the biggest changes for guardians is the implementation of a Guardianship Tracking System (“GTS”). The GTS is an online system by which guardians will file the annual reports and any other documents required by the courts. The system will carry over information from the previous year and will help to standardize, and make completion and submission of the reports easier. It will also allow the courts to follow up on reports that have not been submitted and better track the status of the incapacitated person.
   

Qualification and Background check of Guardian

• Proposed guardians will be required to submit to a criminal background check and to advise what qualifications they possess to act as guardian and if they have had any guardianship training.

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How can I get a guardianship terminated?

​You go to court and are entitled to a lawyer. Call the County's Clerk of Orphans' Court to ask for a lawyer for a review hearing.