What is Guardianship?

Guardianship is a legal mechanism designed to protect individuals who cannot care for themselves, such as minors, incapacitated adults, or even pets, by appointing someone to take responsibility for their well-being. This appointed individual, known as a guardian, is entrusted with comprehensive care duties, including providing food, housing, education, and medical care. The process ensures that those unable to make decisions for themselves are cared for in a manner that respects their needs and dignity.

Browse our Learn Center articles related to Guardianship for more information.

Can I appoint a temporary Guardian?

Currently, the provision to appoint a temporary guardian is not included in standard legal documents due to its limited applicability and effectiveness across different jurisdictions. Temporary guardianships are designed to fill short-term care gaps until a permanent guardian can take over. However, the appointment process can be time-consuming, often rendering the temporary solution impractical. In most cases, children or dependents are cared for by local family members or friends, or by previously nominated backup guardians, until the designated permanent guardian is available.

Can I exclude someone from becoming a Guardian?

The documents we provide don't support the option to exclude someone from becoming a Guardian because excluding specific individuals from guardianship in legal documents is not typically provided for. This is primarily because specifying preferred guardians usually ensures that these wishes are honored. The legal system prioritizes the designated guardian's appointment in the vast majority of cases.

However, should circumstances prevent your chosen guardian from serving (e.g., their death), the courts intervene to select an appropriate guardian. The court decides based on an investigation it conducts. This means the court will discover any reasons that a particular person should not be a Guardian, and they will not be appointed.

Related Articles

Nominating a Guardian for Your Children

Nominating a Guardian for Pets

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