Guardian of the Person
Guardian of the Estate
When an individual becomes disabled or incapacitated and is no longer able to administer his own business affairs or make decisions about his own well-being, there is a need for another person to make these decisions. When such a person has executed a Durable Power of Attorney and a Medical Power of Attorney, then, in most cases, that individual named as agent can act on behalf of the incapacitated person. Unfortunately, not everyone has made such arrangements, thus creating a need for guardianship.
In brief, guardianship is a legal proceeding whereby the court will appoint a guardian of the person and/or a guardian of the estate and thereby granting legal authority to the guardian to make decisions on behalf of the incapacitated person. This process has several significant legal procedural steps and will require the representation of an attorney knowledgeable in this area of the law.