Practice Areas > Probate Guardianships

Probate Guardianships

If the parent(s) of a child die, or the child has been abandoned, abused or inadequately cared for, a probate court may appoint an adult who is not the child’s parent(s) to take care of the child and his or her property. Likewise, if an adult becomes disabled and can no longer adequately care for his or her person, a probate court may also appoint an adult guardian. This “Probate Guardianship” can only be designated if the minor is not involved in Family or Juvenile Court action. A guardian has the same responsibilities to the individual as a parent would, and is expected to provide shelter, education, and medical care, as well as attend to the individual’s personal needs. There are two categories of guardianships: A Guardian of the Person makes personal decisions about the individual, including where he or she lives, attends school, and what medical care he or she receives; the Guardian of the Estate decides how the individual’s finances should be managed.