• Guardianship

  • Guardian. An individual or a trust institution appointed by a court to care for the property or the person (or both) of a minor or an incompetent. When the guardian’s duties are limited to the property, he is known as a guardian of the property; when they are limited to the person, he is known as guardian of the person; when they apply to both the property and the person, he is known merely as a guardian. In some states the term “committee,” “conservator,” “curator,” or “tutor” is used to designate one who performs substantially the same duties as a guardian.

    Guardian Ad Litem (conservator). A person appointed by the Court to make an impartial inquiry into a situation and report to the Court.

    Limited Guardian (conservator). A guardian who has been appointed by the court to exercise the legal rights and powers specifically designated by court order entered after the court has found that the ward lacks capacity to do some, but not all, of the tasks necessary to care for his person or property, or after the person voluntarily petitioned for appointment of a limited guardian. Also Partial Guardian.

    Guardian ad litem. A person appointed by a court to represent and defend a minor or an incompetent in connection with court proceedings; sometimes called a special guardian.

    Guardian of the Person (conservator). A guardian who possesses any or all powers and rights with regard to the personal affairs of the individual, including placement, medical, educational, rehabilitation, and social aspects of the care of the person.

    Public Guardian (conservator). A guardian appointed by the court, who is deemed to be an officer of the court. This person may be appointed to guardianship over many incompetent or incapacitated persons.

    The appointee may be paid for services from public funds or from assets of the incapacitated person of concern, if such funds are available.

    Currently, the Trustees associated with Kern Fiduciary Service, Inc. are not servicing as Guardians but if you are interested in finding out who can assist you, please contact any of our Trustees listed in the Trustee Services Section.