State-Wise Laws on Guardianship

StateWise Laws on Guardianship

It is a herculean task to be a guardian of an incapacitated person or a minor. This is because every state has a different rule to becoming a guardian. For guardians, it is important to get the proper forms and the specific court procedures. This content will help you see some examples of state laws on guardianships.

South Carolina:

There will be a form of testamentary appointment on people with disabilities. The parents of the incapacitated person will be responsible for the testamentary appointment. A guardian for this incapacitated person remains an important step to take in time of need. The appointment will come into effect after twenty days of notification. The court will have to receive the file acceptance from the guardian for anything to occur. The appointment will have priority if a spouse appoints guardians in the will.


The state law reads that the court has the responsibility to choose a guardian for children under the age of 14. If a child is above 14, then choosing a guardian is possible. The court in Massachusetts will have to grant the request of the minor. Another guardian will be available by the court if the initial condition of the child is poor. This means that a guardian who is not suitable for minor will not get reception by the court. There’ll not be any formal agreement to administering antipsychotic medication by a guardian. This condition applies to a person suffering from any mental complications. The guardian will also not commit the ward to any mental care center or institution. If the court discovers that the ward will enjoy the action, then commitment goes into effect. Parents have the opportunity to assign a guardian to their children as a testament. A guardian in this respect will have the same duties and authorities like the court.


In Florida, the court will have to find the lowest limiting form of guardianship. This will help to support people who cannot care for themselves. The Florida law also states that incapacitated people will get freedom to do so many things in life. For instance, they will be able to manage their finances and work as independently as it allows. It will help incapacitated people to develop their potential self-sufficiency. With this freedom, incapacitated people will be able to build their living skills. For instance, they will have the possibility to travel, marry, and sign contracts.

New Hampshire:

The state of New Hampshire has a different look on laws on guardianship. There is preservation for guardians for a minor under the New Hampshire state law. The real property and personal assets of the minor are also in total protection. Even any income from the sale of property and rents belonging to the minor will also be in preservation. With the court’s approval, the guardian also has total authority of this process. It is important to know that when the ward is 25, then the trust will end. For every state, there are always unique and different state laws on guardianship.

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