Guardianship in United States

Guardianship Definition

The power of protective authority given by law, and imposed on an individual who is free and in the enjoyment of his rights, over one whose weakness on account of his age or infirmity renders him unable to protect himself.

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Legal Issue for Attorneys

The power of protective authority given by law, and imposed on an individual who is free and in the enjoyment of his rights, over one whose weakness on account of his age or infirmity renders him unable to protect himself.

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This definition of Guardianship is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Plain-English Law

Guardianship as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A legal relationship created by a court between a guardian and a ward either a minor child or an incapacitated adult. The guardian has a legal right and duty to care for the ward.

Practical Information

Note: Some of this information was last updated in 1982

Guardianships may be created for minor children or mentally or physically incompetent persons. A suitable guardian is appointed by the Probate Court after serving notice upon the “ward” and the ward’s mother and father or next of kin, and letters of guardianship are issued to the guardian. The guardian then gathers together all of the assets of his or her ward and files an inventory with the Court that lists all of the ward’s property, real or personal. The property might consist of real estate or monthly income from the Veterans Administration, Social Security or Railroad Retirement or other retirement benefits such as annuities. The guardian opens a checking account at the bank to handle the funds of his or her ward. The account is in the name of the guardian and the guardian signs the checks. The guardian must make regular accountings to the Probate Court (usually once a year or sometimes once every two years, depending on the state) of receipts and disbursements that come into the guardian’s hands and show the balance left in the estate. The guardian must make an itemized statement in the account of all funds, that is, checking account balance, savings account balance, certificates of deposit, and so on. The guardian pays all of the debts of his or her ward and banks all the income.

(Revised by Ann De Vries)

What is Guardianship?

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