A court may appoint a guardian for someone unable to make decisions for themselves, who may be responsible for health, financial, and legal decisions. The roles of a conservator and registrar may be specific, and regular hearings may be scheduled for adjustments. Court-appointed guardianship for minors can be confusing, and parents are usually considered legal guardians. In cases where both parents are unable to care for a child, a court-appointed guardian may be assigned. A special guardian, called a guardian ad litem, may be appointed in cases of abuse or neglect to act in the best interests of the child.
In general, a court may appoint a guardian in any case where a person is temporarily or permanently unable to make decisions for themselves. This court-appointed guardian is often charged with making decisions regarding another person’s health and well-being. Financial and legal choices can also be assigned to this surrogate decision maker.
When an adult with established assets becomes incapacitated, he may be considered a court protégé. In these cases, the court may choose one person to make decisions for the department. This court-appointed guardian is often called a registrar. The registrar may be in charge of making personal decisions, financial decisions, or both.
Judges are often very specific in the roles assigned to a conservator, especially if the ward is only partially incapacitated. For example, a conservator may be given the power to make important medical decisions, while the ward retains the ability to choose its own doctors. In cases where the ward’s level of disability is expected to deteriorate, regular hearings are often scheduled to adjust the responsibilities of the registrar accordingly.
In cases involving minors, the role of a court-appointed guardian can be difficult to define. Often the terms custody and guardianship are used interchangeably. This misuse of terms, added to the occasional misunderstanding of the guardian ad litem, can cause confusion.
Most divorce proceedings do not involve the designation of a court-appointed guardian. Parents are considered legal guardians of their children, unless this right is specifically exercised by the courts. Even when a parent receives primary custody, he or she is still not considered a court-appointed guardian. In general, both parents retain the right to make decisions for their child while the child is in their physical care.
In cases where both parents are found unable to care for a child, a court-appointed guardian may be assigned. In many cases, the guardian is not the same person who has physical custody of the child. When this happens, the person with physical custody is usually responsible for day-to-day care and decision-making for the child. The guardian, however, has the final say regarding important decisions.
A common example of split legal guardianship and physical custody is custody. Often, when a child becomes a court protégé, he or she is placed in a foster family. The foster parents receive physical custody, while the child welfare agency in that area retains responsibility for legal decisions.
In cases of abuse and neglect or in particularly hostile divorce proceedings, a court-appointed special guardian may be appointed. This person is called guardian ad litem. Despite the title, a guardian ad litem rarely has the direct ability to make decisions, but instead acts as a guardian in the best interests of the child. In many industries, this simply amounts to inquiring into the child’s situation and offering an opinion to the judge.
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