Guardianships

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.

• The Executor or Administrator of a Will
  When a person dies, a personal representative must be appointed to manage and distribute the decedent’s estate. Types of Personal Representatives A personal representative is any of the following:... Read more.
• Totten Trusts for Assets Payable on Death
  A decedent’s assets may be transferred upon their death to their heirs or other beneficiaries through probate. “Probate” is the legal process by which a court determines who receives a decedent’s assets under their will or, if... Read more.
• Transferring Assets to Minors-Custodial Accounts
  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.
• Adding Flexibility to Your Estate Plan
  What is a Power of Appointment? A power of appointment is the power given by one person to another (referred to as the “holder” of the power of appointment) to designate who is to receive an asset. For... Read more.

• Family of Wisconsin Inmate Who Died at Waupun Prison Reaches $3.75 Million Settlement
• Rapper Lil Wayne Awarded More Than $29,000 After Assault Lawsuit Is Dismissed
• DOJ Clears Paramount’s $110 Billion Warner Bros. Discovery Deal
• Female Seattle Police Officers Reach $2.6 Million Settlement in SPD Sexual Harassment Lawsuit
• Federal Judge Blocks Paxton’s ActBlue Lawsuit, Citing First Amendment Retaliation