A guardian is defined as “a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian.” The standard the court looks to when determining whether to appoint a guardian is whether the welfare of the minor, incapacitated individual, or developmentally disabled person will be served by the appointment.
A minor most often becomes subject to a guardianship when his or her parents are unable to provide care because of death, incapacity, or some other reason. Minor guardianships may be full, temporary, or limited.
An incapacitated individual may have a guardian appointed by the court or, in certain circumstances, by a will. A guardian may be appointed by a will only if the person’s parent or spouse is serving as guardian at the time of death. The court may appoint a guardian if it is satisfied by clear and convincing evidence that the individual is incapacitated and that the appointment is necessary to provide continued care and supervision of the incapacitated individual.
Guardianships of individuals with developmental disabilities are governed by the mental health code and are used only as is necessary to promote and protect the individual’s well-being and estate.