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Types of Guardianship

On behalf of Law Offices of Frye & Vazquez, P.L. | February 20, 2023 | Guardianships & Conservatorships

A Guardianship is a legal arrangement in which a person, called a Guardian, is appointed by a court to manage the financial affairs and/or personal care of another person, called the Ward. There are several different types of Guardianships,

Some common types of Guardianships include:

  • General (or Plenary) Guardianship: This is the most common type of Guardianship, and it is used when the Ward is unable to manage any of their financial affairs or make any decisions about their own personal care. The lack of capacity to act on their own can be as a result of developmental disability or age-related disability.
  • Limited Guardianship: This type of Guardianship is used when the Ward has some capacity to manage some of their own affairs, but still requires assistance with certain tasks or decisions.
  • Emergency Guardianship: This type of Guardianship is used when there is an urgent need to protect the Ward from harm, or when there is fear of the assets of the Ward being lost or misappropriated. The Emergency Guardianship is established on a temporary basis until a more permanent Guardianship or other solution can be put in place.
  • Appointment of a Guardian Advocate: This type of Guardianship is used when the Ward has a developmental disability and can do some things for themselves but requires some assistance with managing their financial affairs and/or personal care.
  • Guardianship of a Minor: This type of Guardianship is used when there are assets for a minor (a person under 18 years of age) who lacks the legal capacity to handle or administer property, and/or when a minor needs an adult appointed who is not a natural or adopted parent to handle their legal, financial, health, or other personal matters.

Determining Guardianship for Your Situation

When considering Guardianship for your situation having an experienced attorney to discuss your options is important. At Frye, Fortich & Garcia, P.L. our attorneys will take the time to answer all your questions and help you determine what is in your best interest. Call 305-931-3200 or email us through our website to setup a consultation.

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