Also known as: guardians · guardianship · guardianships
Written by attorneys · grounded in primary & secondary sources — see below
A person appointed by a court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual who lacks capacity to make such decisions. The appointment confers authority to act on behalf of the ward in personal and financial matters as specified by the court order.
George Garcia, an elderly client with cognitive decline, faces eviction from his home after failing to pay rent. His lawyer reasonably believes Garcia cannot protect his own interests and risks substantial financial harm. The lawyer consults with Garcia's niece and petitions the court to appoint a guardian to manage his affairs and secure housing.
After a stroke incapacitates Bryce, the probate court appoints Sadie as conservator with authority over all his assets. Sadie negotiates the sale of Bryce's hotel to Sigma Suites and signs the deed in her fiduciary capacity. Sigma Suites records the deed and takes possession, relying on Sadie's court-appointed status as an authorized conveyor.
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Joseph lives independently but has a court-appointed guardian limited to personal and medical decisions. He signs a substantial fee agreement with a law firm for business litigation without the guardian's involvement. The guardianship order does not extend to financial contracts, so Joseph retains capacity for this transaction.
Gabriella Gomez and her former spouse agree to arbitrate all family disputes under the Uniform Family Law Arbitration Act. Their arbitration agreement cannot address the appointment of a guardian for their minor child. Any such guardianship determination must occur in court rather than through arbitration.
Grace Gupta, age sixteen, seeks a marriage license. She presents proof that both parents consent and that her court-appointed guardian also approves the marriage. The clerk issues the license because the guardian's consent satisfies the statutory requirement for applicants under eighteen.
A nonresident parent faces a parentage action in State A. The court exercises personal jurisdiction over the parent's out-of-state guardian because the guardian stands in the parent's place under the Uniform Parentage Act. The action proceeds against the guardian to adjudicate the child's parentage.
A guardianship typically covers personal decisions such as health and welfare while a conservatorship focuses on financial assets. Courts may appoint one person to both roles or separate fiduciaries depending on the ward's needs. The appointment order defines the precise scope of authority in each case.
A lawyer may seek a guardian when the client has diminished capacity, faces substantial harm, and cannot act in his own interest. The lawyer must first attempt to maintain a normal client relationship and may reveal limited information only as necessary for protection. Protective action remains a last resort under the rules.
No. Capacity may be partial and depends on the scope of the guardianship order and the nature of the transaction. A limited guardianship for personal affairs leaves the ward free to enter financial contracts outside that scope. Full guardianship over property typically removes capacity for contracts involving that property.
A court-appointed guardian or conservator is expressly authorized to execute deeds and closing documents on behalf of the ward. Execution by an unauthorized person renders the deed void or voidable. The appointment order must grant the necessary authority for the specific transaction.
…recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. [^maj-66] Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn have never been recognized in the law as persons in the…