Types of Guardianship

When appointing a guardian, the judge has flexibility. The judge may make specific rules for each guardian to try to preserve as much of the person's independence as possible. The following are different types of guardians:

Emergency or Temporary Guardian - In the event of an emergency, a person may be appointed as a guardian for five days. In an emergency, Social Services goes to court and requests that a guardian be appointed for the emergency. An emergency guardian acts only to correct the conditions causing the emergency. If necessary, the emergency guardian's appointment may be extended. An example of an emergency is where a person become ill and is delirious, and needs someone to arrange for their medical care. A guardian is appointed to arrange medical care until the person is once again able to make his or her own decisions.

Limited Guardian - A limited guardian may be appointed when decisions are only needed for certain specific matters. For example, if a person is able to care for his or her own daily needs, but is unable to make decisions about his or her health care, the judge may appoint a guardian to only make health care decisions. This leaves the person free to make all other decisions.

Limited Conservator - A limited conservator may be appointed when decisions are only needed for certain specific money matters. For example, if a person is able to care for his or her own daily needs but is unable to make decisions about the how property from a trust should be distributed, the judge may appoint a conservator to only make decisions about the trust. This leaves the person is free to make all other decisions.

Standby Guardian - A standby guardian is a person who will become a guardian when the person dies who is now responsible for the care of another. This type of guardian is used where parents plan for the care of a mentally impaired child. Parents of children who are mentally ill or retarded are concerned about who will help the child manage after the parents are gone. A standby guardian will not assume any duties until the death of the last surviving parent.