Guardianship

There are times when a friend or family member may need assistance in caring for themselves, or for their property. Guardianship is the legal process for establishing Court approval to grant such assistance. By way of a guardianship proceeding, an individual may be granted the legal authority to manage the affairs of another individual, whether that may be a child or an adult. A guardian or conservator appointed by the Court shall be responsible, pursuant to the Order of the Court, for the person and/or the property of an incapacitated person or a minor.

You may need to establish guardianship of another individual, a child or an incapacitated person in circumstances such as:

• When a child’s biological parent is unable to care for their child
• When an incapacitated person or a minor is in need of medical care
• When the Court has made a determination that an individual is incapacitated and there is property to be transferred and/or disposed of on behalf of the incapacitated person
• When an adult is no longer able to care for themselves or to manage their own affairs and is determined to be incapacitated with respect to such decision making