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July 11, 2016

What is the difference between a guardian of the person and a guardian of the property?

by Aubrey Harry Ducker Jr. in
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A guardian of the person makes decisions for an incapacitated person on where they would live, who they would be in contact with, and what they would do on a daily basis. If they’re also the guardian of the property they makes decisions about the incapacitated person’s income and assets in order to manage them for the ward’s benefit. The ward, of course, is the incompetent person. If the guardian is both guardian of person and property then we refer to it as a plenary guardian, meaning that they have control or decision making authority over all aspects of the ward’s life.