Different Types of Guardians, Part One

A guardian is appointed by the court to watch over another person, or ward. The ward can be a minor, a disabled adult, or a senior unable to make decisions due to dementia or another issue that causes mental incapacity.

Types of Guardians | Lawyer in Raleigh NC

In some cases, the guardian was selected by the biological parent of the ward in the event that the parent dies or becomes unable to care for the child. The guardian is responsible for the wellbeing and financial affairs of the ward. He or she should be able to provide a home, food, clothing, medical care, and emotional support to the ward as well as handle finances that the ward may have.

There are several types of guardianships. In this two part series, we’ll take a look at them.

Guardian Ad Litem | Lawyer in Raleigh NC

A guardian ad litem is typically an attorney who is appointed to oversee a minor during legal proceedings. This happens during custody cases where parents have their own separate lawyers, but the child needs to be represented by a third party so that his or her best interests are protected. Each of the parents’ attorneys will be working to promote their clients’ wishes, even though they may not be the best for the child. A guardian ad litem will work to ensure the best outcome for the child. This is a temporary guardianship that ends when the proceedings are over.

Guardian of the Estate

A guardian of the estate, or conservator, is appointed to oversee the financial affairs of the ward. The person can be named in the will, or can be appointed by the courts when the deceased has no will. In the case of a parent who dies and leaves money to his or her child, the conservator manages the money and any other assets left to the ward. In many cases, there is a second guardian appointed to take care of the ward’s wellbeing called the guardian of the person. Both guardians will need to work together to ensure that the funds are being used for the care of the child.

In the next part of this series, our lawyer in Raleigh NC will take a look at three more types of guardians: an emergency guardian, a plenary guardian and a limited guardian.

If you haven’t appointed a guardian and need to update your estate plan, or you haven’t reviewed your documents in several years, now might be the best time to do so, now The beginning of the year is a great time to start updating or planning.  Our lawyer in Raleigh NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact us to get started estate planning, today.

Missed other blogs in this series? Be sure to visit back with them, below:

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