A Guardianship, also known as a Probate Guardianship, is put into place when a minor is without a parent to oversee their personal care, safety, financial support and overall well-being. Typically, the need arises when a parent (or parents) die leaving minor children but can also occur when the parent (or parents) is absent due to incarceration, illnesses, substance abuse or domestic violence. The Guardianship is a court-supervised proceeding with specific rules and requirements as to the appointment of a guardian, how the guardian conducts his or her responsibilities, and is subject to continuing court supervision.
Guardianship of the Person
A guardianship of the person provides for the care, custody, control and education of the minor. The guardian must provide for the minor’s daily needs including schooling, medical care, clothing, shelter and food, along with love, attention and other psychological needs.
Guardianship of the Estate
A guardianship of the estate provides for the management and control of the minor’s property until he or she reaches the age of eighteen. The guardian is responsible for all aspects of the minor’s property and is subject to strict compliance and oversight by the court. In some cases, the funds of the minor may be placed in blocked accounts where no withdrawals may occur without a court order.