Understanding the Role of a Guardian

What is Guardianship?

Guardianship is a legal arrangement that protects individuals who cannot care for themselves, such as minors, incapacitated adults, or even pets. A guardian, appointed through this process, is responsible for providing comprehensive care, including food, housing, education, and medical care. This ensures that those unable to make decisions for themselves are cared for in a way that respects their needs and dignity.

Can I appoint a temporary Guardian?

Currently, the provision to appoint a temporary guardian is not included in standard legal documents due to its limited applicability and effectiveness across various jurisdictions. Temporary guardianships are intended to provide short-term care until a permanent guardian can be appointed. However, the appointment process can be time-consuming, often making the temporary solution impractical. In many cases, children or dependents are cared for by local family members or friends, or by previously nominated backup guardians, until the designated permanent guardian becomes available.

Can I exclude someone from becoming a Guardian?

Our documents don't support the option to exclude someone from becoming a Guardian because excluding specific individuals from guardianship in legal documents isn't typically provided for. This is mainly because specifying preferred guardians usually ensures that these wishes are honored. The legal system prioritizes the appointment of the designated guardian in most cases.

However, if circumstances prevent your chosen guardian from serving (e.g., their death), the courts will intervene to select an appropriate guardian. The court will conduct an investigation to determine if there are any reasons why a particular person should not be a Guardian. If found, that person will not be appointed.