Natural Guardian
Natural guardian is either the father or mother, recognized by law as the lawful guardian, as opposed to an appointed guardian, who is named by a court or a will…
Third Party Guardianship
Generally, the question of guardianship arises between the parents themselves. In certain cases, the dispute may be between one (or both) of the parents and another person other than the…
Substituted Judgment (Guardianship)
Substituted judgment generally is a decision made by a person on behalf of a person who is incompetent and unable to decide for himself or herself. Substituted judgment with regard…
Prudent Investor Rule (Guardianship)
Prudent investor rule is a rule that requires a guardian to use prudence while investing the assets of a ward. It recognizes that certain nontraditional investments may actually be prudent.…
Least Restrictive Alternative (Guardianship)
The term ‘least restrictive alternative’ when used in the context of guardianship refers to a course of action or an environment that allows the ward to live, learn, and work…
Protective Proceeding (Guardianship)
The term ‘protective proceedings’ is used to refer to those legal proceedings initiated to appoint a person or professional to protect the person and property of an individual who cannot…
Limited Guardianship
A limited guardianship is a guardianship where the guardian has only those powers granted by the court order appointing the guardian. Whereas, a full time guardian has all powers available…
Limited Capacity (Guardianship)
Limited capacity with reference to guardianship means the status or capacity of a person who is either temporarily or permanently unable to make a fully informed independent decision concerning his/her…
Letters of Guardianship
Letters of Guardianship means an entrustment of care of an incompetent or child onto another by the court; or appointment of a guardian. A lawyer or officer of the court…
Least Intrusive (Guardianship)
Least Intrusive with regard to guardianship is a mechanism or course of action which allows the ward the maximum opportunity for independence with a minimum of intervention. It is a…
Interested Person (Guardianship)
Interested person refers to an individual who has a right to notice regarding a guardianship cause of action. S/he may acquire this right on the basis of a statute. Interested…
Incapacitated Person (Guardianship)
An incapacitated person is an individual for whom a guardianship proceeding is initiated. S/he has been determined by court as lacking the capacity to manage at least some of the…
Guardianship
A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults.…
Fiduciary Guardianship
Fiduciary guardianship could refer to the legal or ethical relationship between a guardian and a ward or incompetent adults, whereby the guardian assumes the power to make decisions on behalf…
Emergency Guardianship
Emergency guardianship refers to the method of emergency appointment of a guardian by the court during the existence of the emergency situation. A brief hearing regarding the requirement for appointment…
Adult Guardianship
Adult guardianship refers to those statutes which make investigation into the ability of an adult to manage his/her person or affairs. In the event, a court or jury finds that…
Guardian of the Estate
Guardian of the estate is a guardian who is appointed by the court to take care of the estate of a ward. S/he possesses any or all powers and rights…
Probate Guardianship
Probate Guardianship refers to a court appointed adult who is not the child’s parent to take care of the child or the child’s property. There are two types of probate…
