Legal Guardians

Continuing in the topics of estate planning, today's subject will be on legal guardians. A legal guardian is a person who has the legal authority and the corresponding duty to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability. Most countries and states have laws that provide that the parents of a minor child are the legal guardians of that child, and that the parents can designate who shall become the child's legal guardian in the event of their death. This can be all specified in a will or living trust detailing the guidelines for care, schooling, etc., and conditions of termination of the role of guardian.

A guardian is a fiduciary and is held to a very high standard of care in exercising his powers. If the ward owns substantial property the guardian may be required to give a surety bond to protect the ward in the event that dishonesty or incompetence on his part causes financial loss to the ward.

Courts generally have the power to appoint a guardian for an individual in need of special protection. A guardian with responsibility for both the personal well-being and the financial interests of the ward is a general guardian. A person may also be appointed as a special guardian, having limited powers over the interests of the ward. A special guardian may, for example, be given the legal right to determine the disposition of the ward's property without being given any authority over the ward's person. A guardian appointed to represent the interests of a person with respect to a single action in litigation is a guardian ad litem.

Guardians ad litem are often appointed in divorce cases to represent the interests of the minor children, or in the case of mentally ill or disabled persons. The kinds of people appointed as a guardian ad litem vary by state, ranging from volunteers to social workers to regular attorneys. The two divorcing parents are usually responsible for paying the fees of the guardian ad litem, even though the guardian ad litem is not responsible to them at all. In some states, the county government pays the fee of that attorney. The guardian ad litem's only job is to represent the minor children's best interests.

Guardians ad litem are also sometimes appointed in probate matters to represent the interests of unknown or unlocated heirs to an estate.

Each state has specific laws, which govern guardianship proceedings and the guardian’s activities. States also separate guardianship for minors and for adults with disabilities in the law. Your local court will be able to direct you to the divisions, which oversee adult guardianship and/or minor guardianships.

For a resource to get more information, go to www.guardianship.org sponsored by the National Guardianship Association, Inc.

What I am saying is that as long as the heir is a child, he is no different from a slave, although he owns the whole estate. He is subject to guardians and trustees until the time set by his father. Galatians 4:1-2 (NIV)

If you have comments or questions, please feel free to contact me at the address below.
Email: DeltaInspire@panama-vo.com