guardianship

guardianship.

1. The fiduciary relationship between a guardian and a ward or other incapacitated person, whe-reby the guardian assumes the power to make decisions about the ward’s person or property. • A guardianship is almost always an involuntary procedure imposed by the state on the ward. Cf. CONSERVATOR; INTERDIC-TION(2).

2. The duties and responsibilities of a guardian.

— Also termed GUARDAGE.

ancillary guardianship. A subservient and subsidiary guardianship in a state other than that in which guardianship is originally granted.

guardianship of the estate. A guardianship in which the guardian can make decisions only about matters regarding the ward’s assets and property.

guardianship of the person. A guardianship in which the guardian is authorized to make all significant decisions affecting the ward’s well-being, including the ward’s physical custody, education, health, activities, personal relationships, and general welfare.

plenary guardianship. A guardianship in which the guardian can make decisions about both the ward’s estate and the ward’s person.

standby guardianship. A guardianship in which a parent designates a guardian to assume responsibility for a child at a future date, if the child’s parent becomes incapable of caring for the child, but without divesting the parent of custodial rights.


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