Guardianship
Webster’s dictionary defines a Guardian as a person who guards or keeps safe and secure a minor child or an adult whom the law regards as incompetent to manage his or her own affairs. Legally, a Guardian is “one who has, or is entitled to, the care and management of the person or property, or both.”
Guardianship, then, is a legal relationship between a competent adult (Guardian) and an incompetent adult or minor child (Ward). Guardianship transfers rights and powers from the Ward to the Guardian, so that the Guardian has the power to make decisions on the Ward’s behalf. At the same time, Guardianship creates a duty on the part of the Guardian to act in the Ward’s best interests.
Guardianship is important because it allows a responsible person to substitute judgment for someone who cannot make or communicate decisions. Even so, Guardianship should be used sparingly, precisely because Guardians have so much power.