guardianship

Guardianship refers to the legal role given to an individual to manage the personal activities ( guardian of the person ) or resources of another person ( guardian of the estate ) who cannot properly do so on their own. Guardianship often is used to give responsibilities of managing a child’s welfare to an individual besides their parents in situations where a proper parent is not available. Some adults may end up under a guardianship (also called conservatorship for adults) when a court determines they have a disability that prevents them from exercising judgment or if the person becomes overly reckless or harmful to their welfare. For more information on conservatorship, click here .

Given that guardianship transfers legal responsibilities from one person to another, state laws regulate when and how they are used and vary greatly. Generally, the guardian owes a duty to act in the best interests of their ward , and a court can remove a guardian for acting negligently or in their own self interest. Specific laws govern guardianship in the contexts of children, determining when a court can and to what extent transfer the authority of a parent to another person.

[Last reviewed in January of 2022 by the Wex Definitions Team ]

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