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Guardianship
Legal guardianship is created the moment a court appoints an adult (guardian) to be responsible for a minor or an incapacitated person (ward). Although the guardian and the ward may be related, the latter must not be a child of the guardian. As a result of guardianship, the guardian exercises a parenting role and assumes legal responsibility for looking after the ward's physical needs, or for administering the ward's assets, or both.
Duration of Guardianship
When you are appointed guardian of a person, you must serve as guardian until the court releases you from your duties. The court may order a release when the minor reaches the majority age, or if the incapacitated person is no longer incapacitated or dies. Restoration of capacity to the ward may include all or only some of his/her rights. A guardianship of property is terminated by the same instances, or when the ward's property is exhausted.
Duties of a Guardian
If you are appointed as guardian of the person, you must take care of the ward and treat him/her humanely. If the ward is a minor, you must make sure that he/she gets proper education and be fully prepared to earn a living upon reaching adulthood. You cannot act for the ward in regard to property except when you are expressly given that authority by the court. You are generally required to make a report annually concerning the affairs of the guardianship, including an assessment of the ward and details about related activities.
A guardian of property is required by law to handle the ward's assets as any prudent person would manage the property of another, employing for this purpose any special skills that the guardian may possess. You may be personally liable if you fail to carry out your duty, leading to the loss of the ward’s assets.
Although a number of situations may call for the necessity of guardianship, there are some instances where alternative documentation will be sufficient instead of a guardianship. You may want to ask a lawyer if your situation is appropriate for guardianship.