Guardian of the Person

A guardian of the person is guardian whose responsibilities are to care for a persons physical and personal needs, such as residence decisions, monitor medical treatment, non-medical services such as education, social activities, coordination of care and services, aid with critical medical care and end-of-life decisions and to secure and manage benefits such as SSI, Medicaid, Medicare and Social Security Benefits. The court monitors guardians and are to provide these services in the least restrictive manner. The court decides which of these responsibilities are granted to the professional guardian.

Guardian of Property

When the court appoints a guardian of the estate or property, the guardian maybe assigned the responsibilities of overseeing personal property, tangible and intangible, and anything that may be the subject of ownership. This may include, management and protect assets, protection of property and assets from loss, income management and manage bill payments and other disbursements, and assist with court approved property sales and liquation. The court monitors guardians and guardians are to provide these services in the least restrictive manner while preserving assets when possible. The court decides which of these responsibilities are granted to the professional guardian.

Guardian Advocate

Parents no longer have the legal authority to make decisions for their children after they turn 18 years of age. The court may appoint a Guardian Advocate. Guardian Advocacy is a process for family members, professional guardians, caregivers, or friends of individuals with a developmental disability to obtain the legal authority to act on their behalf if the person lacks the decision-making ability to do some, but not all, of the decision-making tasks necessary to care for his or her person or property. This is accomplished without having to declare the person with a developmental disability incapacitated. A person with a developmental disability must have an Intellectual Disability (IQ less than 70), Cerebral Palsy, Autism, Spina Bifida, Downs Syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome that manifested before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

Volunteer Guardian

The court can appoint a volunteer guardian without adjudication of incapacity. Volunteer guardians are appointed as guardian of the property of a person who, is mentally competent, but is incapable of the care, custody, and management of his or her estate by reason of age or physical infirmity and who has voluntarily petitioned for the appointment. Such guardianship petitions shall be accompanied by a certificate of a licensed physician specifying that he or she has examined the person and that the person is competent to understand the nature of the guardianship and his or her delegation of authority. A volunteer guardian may have all the duties of a guardian of property.


A fiduciary is a person or intuition who will take care of your property and assets for you if you are unable to do it yourself, such as the executor of an estate, a professional guardian, the trustee of a trust, or an attorney-in-fact under a power of attorney. Family member such as children, other relatives or friends may qualify to act as fiduciaries. However, where there is conflict concerning who may serve or how assets should be managed then a professional fiduciary may be the solution.

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