The legal arrangement under which one person (a guardian) has the legal right and duty to care for another (the ward) and his or her property. A guardianship is established because of the ward's inability to legally act on his or her own behalf (i.e. mental or physical incapacity).
A guardian is lawfully invested with the power, and charged with the duty, of taking care of the person and managing the property and rights of another person who is considered incapable of administering his or her own affairs.
You need to take the necessary measures to avoid a guardianship proceeding. It is a costly, long drawn out proceeding, which could potentially cause conflict within the family. The way to avoid a guardianship proceeding is to draft a document which nominates another person to make financial and/or medical decisions for you should you become mentally or physically incapacitated. This document is called a durable power of attorney.
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