Define: Guardian

An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child’s property is called a “guardian of the estate.” An adult who has legal authority to make personal decisions for the child, including responsibility for his physical, medical and educational needs, is called a “guardian of the person.” Sometimes just one person will be named to take care of all these tasks. An individual appointed by a court to look after an incapacitated adult may also be known as a guardian, but is more frequently called a conservator.

The guardian is the person appointed by a will or the court to assume responsibility for a minor child or an incapacitated or low functioning adult. A guardianship gives the guardian the legal right to provide the necessities for another person. Guardianship may include providing food, housing, healthcare or managing the financial affairs for another person.

General duties for the guardian may include evaluating the status of real and tangible property and whether they should be bought, sold or held, paying the ward’s bills, filing all necessary tax returns, and deciding who should take care of the ward or minor child. The guardian can also ensure the ward has adequate medical care.

For a minor child, the guardian will need to terminate the guardianship at the proper age. The guardian must also file annual accounting plans and detailed information about how the assets and monies have been managed throughout the year.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.