Estate Planning Newsletter

Obligations of a Guardian

In certain cases, a minor may need to be assigned a legal guardian either because a parent is not able to care for the minor, or because the existing guardian is not competent. When a guardian is appointed, he/she will have the same custodial rights as the minor's parent.

Guardians are appointed by a court, upon application or nomination and approval, or the court may select and appoint an appropriate guardian at its discretion.

Types of Guardians

Guardian of the person:

• Provides or arranges for the minor's residence
• Arranges for medical treatment for the minor

Guardian of the estate:

• Manages the minor's property
• Invests the minor's money
• Provides financial support and educational opportunities to the minor

Guardian of the person and estate

• Has the combined powers of the above 2 types of guardians (custody and management of property)

Guardian of specific property:

• Cares for certain item(s) of property belonging to the minor

Guardian ad Litem:

• Appointed for limited, short-term purpose of prosecuting or defending a legal proceeding on behalf of the minor

Guardianship Not Permitted

• A minor cannot have a guardian if he/she is married or has been married
• If the minor has been married but cannot care for himself/herself, a conservator may be appointed

Termination

A guardianship will end upon the occurrence of one of the following:

• The minor dies
• The minor becomes 18 years old
• The guardian dies
• Resignation or removal of the guardian
• A court order terminating the guardianship

© 2026 NextClient.com, Inc. All rights reserved.

• Probate: Settling Affairs After Death
  Probate, a Latin term meaning “to prove the will,” is a court-supervised process that settles a person’s affairs after death. To ensure that the decedent’s final matters and wishes are handled correctly and without bias,... Read more.
• The Uniform Transfers to Minors Act
  Minors have no legal capacity to manage property. Thus, transferring property and other assets to minors can be problematic. For example, parents or other adults may wish to convey a small amount of property to a minor without investing... Read more.
• Taxation of Long-Term Care Insurance After HIPAA
  People are living longer, but for many a reality of aging is that at some point they are unable to care for themselves. The costs of retirement homes and in-home care are rising, generating concerns for many on how to pay for the cost... Read more.
• Estate Tax Rates in 2013
  Much to the relief of many, the American Taxpayer Relief Act of 2012 (“2012 Tax Act”) was enacted in the beginning of 2013, making permanent many of the tax benefits that were scheduled to expire at the end of 2012. The beginning of... Read more.

• Novo Nordisk Files Patent Lawsuit Against Hims & Hers Over Compounded Semaglutide Products
• Michael Bay Sues Cadillac F1 Team for $1.5 Million, Alleging Super Bowl Ad Stole His Creative Concepts
• Timothy Busfield Indicted on Child Sexual Contact Charges in New Mexico
• Raising Cane’s Sues Boston Landlord Over Lease Termination and Alleged Odor Nuisance
• Former NFL Head Coach Jon Gruden Seeks Over $150 Million in Lawsuit Against the NFL