Also known as: gdn. · gdns · gdns. · guardian · guardianship
Written by attorneys · grounded in primary & secondary sources — see below
A fiduciary appointed by a court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. The appointment removes or limits the ward's legal capacity to act independently in specified matters such as contracts or property transfers.
Gavin Grant's attorney learns that Gavin has developed severe dementia and faces imminent financial exploitation by a caregiver. The lawyer reasonably believes Gavin cannot protect his own interests. The attorney files a petition asking the court to appoint a guardian to manage Gavin's assets and living arrangements.
Gordon Gray owns real property but has been adjudicated incapacitated. His court-appointed guardian, Georgia Gibbs, executes the deed conveying the land to a buyer. The closing proceeds because Georgia holds the legal authority to convey on Gordon's behalf.
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Gerald Gibson's property is placed under guardianship after a finding of mental illness. Gerald later signs a contract to sell personal assets without the guardian's approval. The contract creates no enforceable duties because the guardianship eliminates Gerald's capacity to incur contractual obligations.
Genevieve Gardner and her spouse submit their divorce to family-law arbitration and ask the arbitrator to appoint a guardian for Genevieve's incapacitated parent. The arbitrator issues an award naming one spouse guardian. A court later vacates only that portion of the award because an arbitrator lacks authority to grant a guardianship.
Gideon Graves is sixteen and wishes to marry. Both of his parents are deceased, so his court-appointed guardian provides written consent. The marriage-license clerk issues the license because the guardian's consent satisfies the statutory requirement for applicants under eighteen.
A state court has jurisdiction to adjudicate parentage. The child's nonresident biological parent is under guardianship. The court exercises personal jurisdiction over the nonresident parent's guardian because the guardian stands in the parent's place for purposes of the support and parentage proceeding.
A lawyer may seek appointment when the lawyer reasonably believes the client has diminished capacity, faces substantial harm without intervention, and cannot adequately protect personal interests. The lawyer may consult appropriate individuals or entities and, in suitable cases, petition for a guardian ad litem, conservator, or guardian.
Supporting sources
Yes. A person whose property is under guardianship by reason of an adjudication of mental illness or defect has no capacity to incur contractual duties. Any contract executed without the guardian's involvement is subject to challenge on capacity grounds.
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No. Family-law arbitration statutes expressly withhold authority from arbitrators to issue awards that grant a guardianship of a child or incapacitated individual. Such status determinations remain exclusively within the court's jurisdiction regardless of party consent.
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…all others in doing so. Regulations which do no more than create a structural mechanism by which the State, or the parent or guardian of a minor, may express profound respect for the life of the unborn are permitted, if they are not a substantial obstacle to the woman's exercise of the right to choose. See infra , at…