What is a Probate Guardianship?

There are two kinds of Probate Guardianship

  • Probate Guardianship of the Person
  • Probate Guardianship of the Estate
Probate Guardianship of the Person is set up because a Child is living with an adult who is not a Parent, and the adult needs the Legal Authority to make decisions on behalf of the child. In a Probate Guardianship of the Person, the adult has full legal and physical custody of the child.

What does a Guardian of the Person do?

The Guardian generally has the same responsibilities as a Parent. That means the Guardian is responsible for the child’s care, including the child’s:

  • Food, clothing and shelter
  • Safety and protection
  • Physical and emotional growth
  • Medical and dental care
  • Education and any special needs.
What does a Guardian of the Estate do?

A Guardian of the Estate manages a Child’s Income, Money, or other Property until the Child turns 18. A Child may need a Guardian of the Estate if she/he inherits Money or Assets. In most cases, the Court appoints the surviving Parent to be the Guardian of the Child’s Estate.

In some cases the same person can be the Guardian of the Person and of the Estate. In other cases, the Court will appoint two different people.