Close Menu
Call now

Contact us

Contact Us

What is the Difference Between a Guardian of the Person and a Guardian of the Estate?

Posted on December 29th, 2021

Our Daly Mills Estate Planning attorneys in Mooresville know that different stages of life require different preparations to ensure our loved ones receive long-term care that fits their needs.

In some cases, that may involve assigning a guardian, to help ensure the proper decisions are being made and that the individual’s assets are protected.

Our Mooresville, estate planning attorneys explain the difference between the two designations, and who may need one or the other to help manage their futures.

What are the Key Differences Between Guardianships?

The major difference between guardianships is in the details and overall needs of the person in their care.

A guardian of the person can make a wide range of personal and medical decisions on behalf of a person.

A guardian of the estate grants a person authorized to pay bills, make investments, and overall manage the financial matters of another.

A general guardian means you are both the guardian of the person and guardian of the estate.

Who Needs a Guardian?

Establishing guardianship is a court-ordered designation that is often pursued by family members when their loved ones can no longer make sound decisions and need another person to have the legal authority to act on their behalf.

This is common for aging loved ones who suffer from cognitive decline or dementia, family members with serious injuries or illnesses who can no longer manage their affairs, or special needs children who have reached the age of 18.

Understanding Guardianships

A key consideration when discussing guardianship is to determine the overall needs of the person in question.

Does he or she need help to manage their finances? Or assistance with personal care and everyday activities?

With the right planning, our skilled elder law attorneys can help families avoid the court-appointed requirement by creating a durable power of attorney who manages their affairs before incapacitation.

This helps take the pressure and confusion out of appointing a guardian under emergency circumstances and provides peace of mind for their financial future.

If you do need to establish a court-appointed guardian, we can help simplify the complicated process for you, serving as compassionate advocates who develop strategic estate plans that leave no detail to chance.

Contact Our Skilled Lake Norman Area Estate Planning Attorneys Today

Our North Carolina estate planning attorneys can help you and your family create legally binding powers of attorney, wills and trusts, and end-of-life care plans that provide confidence for your future.

To learn more about how we can help you and your family create a customized estate plan to protect your wishes, call us at 704-286-8437 to schedule an initial consultation with our skilled attorneys in Mooresville, Charlotte, NC at Daly Mills Estate Planning today.