Frequently Asked Questions
What is a Guardian?
How does the Corporation of Guardianship serve as Guardian?
What are the different types of Guardianships?
The Corporation of Guardianship serves in the following capacities:
- Guardianship of the Estate – Gives the Guardian the authority to make all financial decisions for the individual.
- Guardianship of the Person – Gives the Guardian the authority to make day-to-day decisions of a personal nature, except financial decisions, on behalf of the individual. Such decisions would include making arrangements for food, clothing, living arrangements, medical care, recreation, and education.
- Guardianship of Person and Estate (General Guardian) – Gives the Guardian the authority to make nearly all decisions for the individual, and combines the authority of guardianship of person and guardianship of estate.
I am the Guardian of my disabled adult child. Can the Corporation of Guardianship serve as his or her Guardian when I’m no longer able?
Parents can recommend the Corporation of Guardianship to serve as Successor Guardian for their adult son or daughter. It is important to speak to a professional attorney about how to formally make this recommendation in estate-planning documents.
What is the guardianship process?
A Guardian must be appointed by the court. In order for someone to have a Guardian appointed to them, that person must be declared legally incompetent by the court and, therefore, found in need of a Guardian. The person in question needs to be carefully examined by a medical, geriatric, or psychiatric specialist who can testify to the person’s incapacity. Someone must petition the local clerk of court to have the person adjudicated (declared) incompetent. Anyone who knows the person may petition, be it a family member, neighbor, mental health professional, Department of Social Services employee, etc.
Do I need legal assistance in order to petition for guardianship?
Are there alternatives to guardianship?
Does the Corporation of Guardianship charge a fee to serve as Guardian?
Yes, the Corporation of Guardianship is a fee-for-service nonprofit organization. Click here for our FEE SCHEDULE. By charging a small, below-market fee for the services provided for those who are able to pay, CoG is able to serve more clients with limited resources. Our goal is to serve as many people as possible who are in need of our services, including those who are unable to pay a fee-for-service. To discuss your financial circumstances, please CONTACT US