Guardianship Program

What is a Guardian?

A guardian is a person or persons, 21 years old or older, appointed by a court to assist with the personal affairs of a minor or an adult who is incapacitated. A person under a guardianship is called a ward.

Incapacity is a legal definition, not a medical one. Guardianships are based on the decisional capacity of the person without regard to the diagnostic reason. Courts may require evidence of cause and effect, but bottom line it is the effect, the decisional capacity that is the focal point.

Guardians have the awesome responsibility of substituting their judgment for that of another individual. Much work and debate has, and continues to take place over the procedural protections to be provided for the individual prior to the imposing of a guardianship, but not nearly enough work has been done to guide the activities and decisions making process of the individual appointed guardian.

Guardianship is best described as a quasi-social, quasi-legal animal. Guardianship is a mostly legal concept that most often carried out professionally in a social services context which surrounds the ward’s ability to make and communicate decisions about their person or estate.

Who is an Incapacitated Adult?

An individual, 18 years of age or older, who lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person. Such incapacity may result from mental illness, mental retardation, physical illness or disability, or chronic use of drugs and/or alcohol, brain injury or other causes.

Is a Guardian Financially Responsible for the Ward?

No, a guardian is not required to provide for a ward out of his or her own funds, nor is he or she required to provide actual custody of the ward. In addition, a guardian is not liable for a ward’s behavior.

What are a Guardian's Duties and Responsibilities?

The general duties of a guardian are:

to determine where the ward should live;
to arrange for necessary care, treatment or other services for the ward;
to see that the basic daily personal needs of the ward are met, including food, clothing and shelter; and
financial management for a ward with limited assets.

A guardian has the responsibility to assure that the ward maintains the greatest degree of independence and self esteem possible.

The Court requires that a guardian submit semi-annual reports to the court regarding the status of the guardianship and the condition of the ward.


Guardianship Program \| Substance Abuse & Mental Health Ombudsman \| Representative Payee Program \| Pooled Trust
For more information, contact: Emily Smith, CSW, NCG P.O. Box 2778 Cheyenne, WY 82003 Office: 307-635-8422 guardian.ombuds@gmail.com	The Guardianship Program WGC’s Guardianship Program is a statewide program that provides guardianship services and other substitute decision making alternatives for incapacitated persons. Guardianship Guardianship is one of the least understood forms of assistance for adults. It can be a valuable means of protection for a severely at risk individual. What is a Guardian? A guardian is a person or persons, 21 years old or older, appointed by a court to assist with the personal affairs of a minor or an adult who is incapacitated. A person under a guardianship is called a ward. Incapacity is a legal definition, not a medical one. Guardianships are based on the decisional capacity of the person without regard to the diagnostic reason. Courts may require evidence of cause and effect, but bottom line it is the effect, the decisional capacity that is the focal point. Guardians have the awesome responsibility of substituting their judgment for that of another individual. Much work and debate has, and continues to take place over the procedural protections to be provided for the individual prior to the imposing of a guardianship, but not nearly enough work has been done to guide the activities and decisions making process of the individual appointed guardian. Guardianship is best described as a quasi-social, quasi-legal animal. Guardianship is a mostly legal concept that most often carried out professionally in a social services context which surrounds the ward’s ability to make and communicate decisions about their person or estate. Who is an Incapacitated Adult? An individual, 18 years of age or older, who lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person. Such incapacity may result from mental illness, mental retardation, physical illness or disability, or chronic use of drugs and/or alcohol, brain injury or other causes. Is a Guardian Financially Responsible for the Ward? No, a guardian is not required to provide for a ward out of his or her own funds, nor is he or she required to provide actual custody of the ward. In addition, a guardian is not liable for a ward’s behavior. What are a Guardian's Duties and Responsibilities? The general duties of a guardian are: to determine where the ward should live; to arrange for necessary care, treatment or other services for the ward; to see that the basic daily personal needs of the ward are met, including food, clothing and shelter; and financial management for a ward with limited assets. A guardian has the responsibility to assure that the ward maintains the greatest degree of independence and self esteem possible. The Court requires that a guardian submit semi-annual reports to the court regarding the status of the guardianship and the condition of the ward. Guardianship Process Flow Chart.pdf Alternatives to Guardianship
Wyoming Guardianship Corporation P.O. Box 2778 Cheyenne, WY 82003 Office: (307) 635-8422 Fax: (307) 635-0776
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The Guardianship Program

Guardianship

What is a Guardian?

Who is an Incapacitated Adult?

Is a Guardian Financially Responsible for the Ward?

What are a Guardian's Duties and Responsibilities?