When Does Someone Need a Property Guardian?

Understanding the role and responsibilities of a Property Guardian

When individuals cannot manage their finances, courts can appoint guardians. Guardianship is for those who need help handling money. Depending on the jurisdiction, financial guardianship may also be called guardianship of the estate or conservatorship. In Maryland financial guardianship is called Guardian of Property. Similarly, in the District of Columbia, a financial guardianship is called a Conservatorship.

In cases where individuals need help with personal and financial decisions, the court can order guardianship of the person and estate. The guardian makes both personal and financial decisions for the protected person.

What Being a Property Guardian Entails

Guardian of Property gives the guardian the authority to oversee the protected person’s finances and access money to pay bills. In many cases, the terms of the arrangement require the guardian to seek court approval before making financial actions on behalf of the alleged disabled person, such as spending money and selling assets.

The alleged disabled person’s money goes into a separate account. The guardian can only access the assets in the account for the sole benefit of the alleged disabled person or any dependents.

When Do Courts Order Guardian of Property of an Adult?

Courts appoint guardians of property when people demonstrate that they cannot handle their finances on their own.

Individuals who frequently forget to pay bills might need help with finances. For instance, a person might need help remembering to pay bills and handling money.
Those who are vulnerable to financial exploitation might also need guardians. For example, suppose a person makes significant payments to an online scammer. In that case, a loved one might petition the court to become the person’s guardian to protect them.
Individuals with diseases and disabilities that prevent them from understanding money may also need the help of a trusted person. For instance, dementia can cause people to have executive functioning difficulties that impact their ability to handle money.

When a person has significant assets but needs help managing them, courts will order guardian of property. Individuals with limited income and assets might not need guardian of property.

Alternatives to Guardian of Property

While providing protection and support, guardianship limits autonomy. Many states require courts to explore less restrictive alternatives to guardianship before appointing a guardian. Those facing challenges with financial decisions should, along with their loved ones, first consider other options.

Financial Power of Attorney

Guardianship is appropriate when a person is impaired and cannot make their own decisions. Suppose an individual still can make decisions and understand the consequences of their choices. In that case, the person can execute a power of attorney for property. This gives a trusted individual the ability to handle their assets.

Compared to guardian of property, a durable financial power of attorney can protect individuals’ rights while allowing someone to step in and help with monetary decisions. Under guardian of property, it is more difficult for the protected person to change the arrangement if disagreements with the guardian arise. The person subject to the arrangement must petition the court to terminate it.

Revoking a power of attorney is, by comparison, straightforward. As long as the individual who made a power of attorney retains capacity, they can withdraw their power of attorney at any time for any reason. They can also appoint a new agent without judicial oversight.

Supported Decision Making

Another option for those with money difficulties is supported decision-making. Under a supportive decision-making arrangement, a person can have a trusted individual or multiple people help with financial decisions.

Supportive decision-making is less restrictive than guardianship, as individuals get help with decisions while retaining autonomy. Unlike an alleged disabled person in a guardianship, the individual keeps the final decision-making power.

Those wondering whether they need someone to help with finances should speak with an elder law attorney. Contact, Andre O. McDonald, a knowledgeable Howard County, Montgomery County and District of Columbia estate planning, special-needs planning and Medicaid planning attorney, at (443) 741-1088; (301) 941-7809 or (202) 640-2133 to get answers to your special-needs planning questions and schedule an appointment.

DISCLAIMER: THE INFORMATION POSTED ON THIS BLOG IS INTENDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONVEY LEGAL, INSURANCE OR TAX ADVICE.