A Guardianship is a legal procedure used to safeguard people who cannot take care of themselves due to incapacity, disability, or infancy. A court will select a legal guardian to care for the ward. Legal guardians exercise the legal authority to execute decisions on behalf of the ward and represent their financial and personal wishes. Below, we outline the two different types of guardianships
Guardianship of a Minor
Courts may select an adult guardian in charge of the welfare of a minor. Courts establish guardianships in many situations, including when a minor’s parents have abandoned a minor when a minor’s parents have passed away, or when a minor’s parents are incapable of providing adequate care. This legal guardian can be a family member, a close friend, or any other person the court believes will act in the minor’s best interest.
Guardianship of an Elderly or Incapacitated Individual
Conversely, courts also select guardians, also known as conservators, to safeguard an incapacitated or older adult’s interests. Consequently, since the creation of guardianship may deprive a person of some vital personal rights, specific steps must be taken before the guardian is appointed. A person has the right to notice, and representation by counsel before a guardianship takes place. During the proceeding, the person has the right to attend, confront witnesses, and present evidence.
A guardian appointed to assist a minor may be required to obtain a guardianship bond. These bonds are required for those that help with a disabled, minor, or elderly individual’s financial needs. At Colonial Surety Company, we offer I-bonds® or instant surety bond for direct quote, purchase, print, or e-file at your convenience. Don’t wait to obtain your bond! You can get yours quickly through your mobile device, tablet, or computer. Click here to get your bond.