{"id":351857,"date":"2016-04-04T11:02:38","date_gmt":"2016-04-04T16:02:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/guardianship\/examples-of-state-laws-on-guardianships.html"},"modified":"2025-05-16T14:10:09","modified_gmt":"2025-05-16T19:10:09","slug":"examples-of-state-laws-on-guardianships","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/guardianship\/examples-of-state-laws-on-guardianships.html","title":{"rendered":"State Guardianship Laws"},"content":{"rendered":"\n
\n \n
\n

State Guardianship Laws<\/h1>\n
\n
\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Guardianship is a legal framework where a court gives one individual or entity the authority to make decisions for another (the ward). This relationship is essential for ensuring the well-being of those who cannot care for themselves, whether they are minors or incapacitated adults. Understanding the specific guardianship laws of your state, which can vary significantly, is crucial for anyone considering becoming a guardian, as these laws dictate the guardian’s responsibilities and the rights of the ward.<\/p>\n\n <\/div>\n\n

Every state establishes its own guardianship laws. Guardianship grants a guardian a legal authority to make personal, medical, or financial decisions for individuals who cannot care for themselves because of age, developmental disabilities, mental health, or other incapacities.<\/p>\r\n

Becoming a guardian involves significant legal responsibility that requires navigating complex state regulations. Whether you are seeking guardianship for a minor or an incapacitated adult, it is crucial to understand your legal obligations and the rights of the ward.<\/p>\r\n

In this article, you will find a few examples of state guardianship laws and a reference table for state guardianship laws in all 50 states and the District of Columbia. If you have legal questions related to guardianship, contact a family law attorney<\/a>. They can help you understand your duties under the state law.<\/p>\r\n

What is Guardianship?<\/b><\/h2>\r\n

A legal guardianship<\/a> is a relationship approved by the court that authorizes someone (the \u201clegal guardian\u201d) to make decisions for someone who is incapacitated<\/a> or unable to legally make decisions on their own. The person under guardianship is known as a "ward."<\/p>\r\n

Adult wards are generally under guardianship due to physical or cognitive impairments, developmental disabilities, or severe mental health issues. Minors<\/a> are considered incapacitated simply because they are not old enough to legally handle their own affairs.<\/p>\r\n

Guardianship proceedings<\/a> begin with the filing of a guardianship petition for an incapacitated person. A court order will name the appointed guardian by the end of the court proceedings.<\/p>\r\n

A guardian\u2019s duties<\/a> often relate to their ward’s health and well-being or their finances. State laws governing guardianship statutes vary from state to state. Potential guardians should understand their state laws and the guardianship process where they live.<\/p>\r\n

Below you’ll find a few examples of state guardianship laws.<\/p>\r\n

Florida Guardianship Laws<\/b><\/h2>\r\n

Florida’s guardianship laws<\/a> are based on the idea that an incapacitated person should live as independently as possible. Their incapacity should not affect their basic human rights, including civil and legal rights. A judge’s appointment of a guardian should be the least restrictive alternative to meet the ward’s needs.<\/p>\r\n

Often, a family member will volunteer to be the guardian, or they may have a power of attorney to make certain decisions. But if no one volunteers, a judge may appoint a guardian ad litem through the guardianship process<\/a>.<\/p>\r\n

Florida law encourages wards to manage their finances and make financial decisions. The goal is always to develop their potential for self-sufficiency. The ward and the guardian, who has a fiduciary duty, share decision-making. The ward may marry, vote, travel, open bank accounts, apply for a driver’s license, make healthcare decisions, and apply for Social Security. The ward can also own personal property and real property.<\/p>\r\n

Massachusetts Guardianship Laws<\/b><\/h2>\r\n

Under Massachusetts’ guardianship statutes<\/a>, there are two main types of guardianships:<\/p>\r\n