The Mad Genealogist

What is a Guardianship?

A guardian is a responsible individual of legal age appointed or acknowledged by the court to manage the property ownership of those incompetent by reason of youth or mental or physical handicap to handle their own affairs. A guardian may also be called a conservator, a curator, a tutor, or a receiver.

An orphan is a minor whose father is dead or whose deceased mother left separately owned property to her child but excluded the father. In both cases, a guardian is appointed to assume the legal responsibilities of property ownership. In other words, the “orphan” may have a living parent in either case. Such a child may also be called a ward or infant. It is also common for a mother or father to be appointed guardian of his or her own children without implying adoption, formal or otherwise.

The appointment of a guardian for a minor may be a separate court process from probate, handled by a different court. Depending on the jurisdiction, the appointment of a guardian for an adult who is incompetent to handle his or her own affairs may require two additional court processes: the first to declare him or her incompetent and the second to appoint someone to act in his or her behalf.