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Guardianship

Guardianship is another type of protective court proceeding in which the court appoints a guardian to protect the interests of a minor. Like with conservatorships, guardianships can be of the person or the estate. In both types of guardianships, the court-appointed guardian will typically be a family member, such as a grandparent or other responsible adult relative.

A guardianship of the person is typically established to protect a minor whose parents are still living. The court-appointed guardian of the person is responsible for making such decisions as where the minor lives, insuring that he or she is properly fed, supervising the minor’s conduct, ensuring the minor is enrolled and attending school, and ensuring the minor receives proper medical care.

A guardianship of the estate is typically established for a minor when he or she inherits significant assets or proceeds from litigation are expected. The guardian of the estate has a duty to control and preserve the estate’s assets. A guardian is required to hold the minor’s property for minor’s benefit until the minor reaches age of 18. 

Our trusts and estates attorneys have extensive experience handling guardianship proceedings. If you are concerned for the safety of a minor or need to establish a guardianship for the estate of a minor, our experienced attorneys can help you.