Define: Personal Guardian

A personal guardian is an individual appointed by a court to make decisions on behalf of someone who is unable to make decisions for themselves due to age, disability, or incapacity.

A personal guardian is typically appointed through a legal process known as guardianship proceedings. This involves filing a petition with the court, providing evidence of the individual’s incapacity, and attending a hearing where the court will determine if guardianship is necessary and who should be appointed as the guardian.

The responsibilities of a personal guardian may vary depending on the specific circumstances, but generally, they include making decisions about the individual’s healthcare, living arrangements, finances, and other personal matters. The guardian is expected to act in the best interests of the person they are representing.

In some cases, a person may be able to express their preference for a personal guardian in advance through a legal document called a durable power of attorney for healthcare or a living will. However, if the person is already incapacitated and has not made such arrangements, the court will appoint a guardian based on what it deems to be in the person’s best interests.

Yes, a personal guardian can be removed or replaced if there is evidence of neglect, abuse, or if the guardian is no longer able to fulfill their duties. This typically requires filing a petition with the court and providing evidence of the need for removal or replacement.

A personal guardian is expected to act in the best interests of the person they are representing. However, they must also consider the person’s wishes and preferences to the extent possible. If there is a conflict between the guardian’s decision and the person’s expressed wishes, the court may need to intervene to resolve the matter.

Yes, a personal guardian can be held financially responsible for any mismanagement or misuse of the person’s assets or finances. They have a fiduciary duty to act in the person’s best interests and must handle their finances responsibly.

Yes, a personal guardian can be held legally liable for any harm caused to the person they are representing if it can be proven that they acted negligently or intentionally caused harm. The guardian has a duty of care towards the person and must take reasonable steps to ensure their safety and well-being.

Yes, a personal guardian can be a family member or friend of the person they are representing. However, the court will consider the individual’s best interests and may appoint a professional guardian if it determines that a family member or friend is not suitable or available.

Yes, a personal guardian is generally entitled to reasonable compensation for their services. The specific amount of compensation will depend on various factors, including the complexity of the guardianship and the guardian’s level of involvement. The court will review and approve the compensation to ensure it is fair and reasonable.