Guardian (definition)
A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. | ||
State Law | ||
Alaska | ||
includes a natural, adoptive, and foster parent, stepparent, legal guardian, relative, and other adult person with whom a student has resided and who has acted as a parent in providing for the student or has been responsible for the student’s welfare for a continuous period Alaska Statutes 14.60.010 v2 | ||
means a judicially appointed person having authority to make a health care decision for an individual Alaska Statutes 13.52.390 | ||
means a natural person who is legally appointed guardian of the child by the court Alaska Statutes 47.10.990 | ||
Arizona | ||
means a person appointed by the court to make decisions regarding the support, care, education, health and welfare of a minor or an adult Arizona Laws 14-10103 | ||
means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment but excludes a person who is merely a guardian ad litem Arizona Laws 14-1201 | ||
means a person who has qualified as a guardian of an incapacitated person pursuant to testamentary or court appointment and includes a person who is appointed under chapter 5, article 3 of this title Arizona Laws 14-12102 | ||
means a person who is appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual Arizona Laws 36-841 | ||
means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312 Arizona Laws 36-551 | ||
California | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual California Health and Safety Code 7150.10 | ||
means the guardian of the estate California Probate Code 2400, California Probate Code 2600 | ||
means the guardian of the person California Probate Code 2350 | ||
Connecticut | ||
means a person appointed by the court pursuant to part V of chapter 802h Connecticut General Statutes 45a-499c | ||
Delaware | ||
is a “guardian of the person” as that term is used in this title Delaware Code Title 12 Sec. 39A-101 | ||
Florida | ||
means a person appointed pursuant to chapter 744 Florida Statutes 765.511 | ||
means a person to whom the law has entrusted the custody and control of the person or property, or both, of a person who has been legally adjudged incapacitated Florida Statutes 429.02 | ||
means a person who has been appointed by the court to act on behalf of a ward’s person or property, or both Florida Statutes 744.102 | ||
means a person who is appointed by the court as guardian of the property of a minor or an incapacitated individual Florida Statutes 740.002 | ||
means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding brought pursuant to this chapter Florida Statutes 39.01 | ||
means any person acting as a fiduciary for a ward’s person or the ward’s estate, or both Florida Statutes 744.604 | ||
means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward’s person if the ward is a minor or has been adjudicated incapacitated Florida Statutes 394.455 | ||
Hawaii | ||
means a judicially appointed guardian having authority to make a health-care decision for an individual Hawaii Revised Statutes 327E-2 | ||
means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560 Hawaii Revised Statutes 327G-2 | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual Hawaii Revised Statutes 327-2 | ||
means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 551 or 560 Hawaii Revised Statutes 551G-2 | ||
means a person appointed by the court, a parent, or a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual Hawaii Revised Statutes 554D-103 | ||
means a person appointed or qualified by a court as a guardian of an individual and includes a limited guardian, but excludes a person who is merely a guardian ad litem Hawaii Revised Statutes 554B-1 | ||
Idaho | ||
means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem Idaho Code 68-1301 | ||
Indiana | ||
has the meaning set forth in IC 29-3-1-6 Indiana Code 30-2-8.5-7, Indiana Code 30-2-8.6-9 | ||
means a person appointed by a court to manage the estate of a living individual Indiana Code 32-39-1-15 | ||
means any fiduciary for the person or estate of a protected person or a person designated by a protective order issued under IC 29-3 to act on behalf of a protected person Indiana Code 29-1-19-1 | ||
Iowa | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual, but does not include a guardian ad litem Iowa Code 142C.2 | ||
means a person who is not the parent of a child, but who has been appointed by a court having jurisdiction over the child, to have a permanent self-sustaining relationship with the child and to make important decisions which have a permanent effect on the life and development of that child and to promote the general welfare of that child Iowa Code 232.2 | ||
means guardian as defined in section 633 Iowa Code 231E.3 | ||
means the same as defined in section 633 Iowa Code 235F.1 | ||
Kansas | ||
means a person appointed by the court pursuant to Kan Kansas Statutes 75-652 | ||
means an individual or a nonprofit corporation certified in accordance with Kan Kansas Statutes 77-201 | ||
means guardian as defined by Kan Kansas Statutes 60-401 | ||
Kentucky | ||
means a person appointed by the court, a parent, or a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual Kentucky Statutes 386B.1-010 | ||
Louisiana | ||
means a guardian as defined by Louisiana Revised Statutes 13:4261.102 | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of a person Louisiana Revised Statutes 17:2351 | ||
Maine | ||
includes a coguardian but does not include a guardian ad litem Maine Revised Statutes Title 18-C Sec. 5-102 | ||
means a judicially appointed guardian or conservator having authority to make a health care decision for an individual Maine Revised Statutes Title 18-C Sec. 5-802 | ||
means a person appointed by a court to make decisions regarding the support, care, education, health and welfare of an individual Maine Revised Statutes Title 22 Sec. 2942 | ||
means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Part 3 Maine Revised Statutes Title 18-C Sec. 5-602 | ||
means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person’s own affairs Maine Revised Statutes Title 15 Sec. 3003 | ||
means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem Maine Revised Statutes Title 34-B Sec. 7003 | ||
Michigan | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual Michigan Laws 333.10102 | ||
means a person appointed by the court to act as a legal guardian for a child under section 19a or 19c of chapter XIIA of the probate code, MCL 712A Michigan Laws 722.872 | ||
means a person who has qualified as a guardian of a minor or a child or youth with special health care needs under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA of the probate code of 1939, MCL 712A Michigan Laws 722.772 | ||
means a person who has qualified as a guardian of a minor or a legally incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306 Michigan Laws 700.1104 | ||
means a person who has qualified as a guardian of a minor under a parental or spousal nomination or a court order issued under section 19a or 19c of chapter XIIA, section 5204 or 5205 of the estates and protected individuals code, 1998 PA 386, MCL 700 Michigan Laws 712B.3 | ||
means an individual who is appointed under section 5306 of the estates and protected individuals code, 1998 PA 386, MCL 700 Michigan Laws 333.26263 | ||
means that term as defined in section 1104 of the estates and protected individuals code, 1998 PA 386, MCL 700 Michigan Laws 333.1052, Michigan Laws 691.1803, Michigan Laws 700.1002 | ||
means the guardian of the person Michigan Laws 722.111 | ||
Missouri | ||
if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475 Missouri Laws 1.020 | ||
one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person Missouri Laws 475.010 | ||
Montana | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual Montana Code 72-17-102 | ||
means a person appointed by the court, by a parent, or by a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual Montana Code 72-38-103 | ||
Nevada | ||
means any person acting as a fiduciary for a ward Nevada Revised Statutes 160.020 | ||
New Hampshire | ||
means a parent or person appointed by a court having jurisdiction with the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child, and to be concerned about the general welfare of the child New Hampshire Revised Statutes 169-C:3 | ||
means a person so appointed by the probate court New Hampshire Revised Statutes 170-B:2 | ||
New Jersey | ||
means a person acting as fiduciary for a ward New Jersey Statutes 3B:13-2 | ||
means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem New Jersey Statutes 3B:1-1 | ||
New York | ||
means a health care guardian or a legal guardian of the person of a minor N.Y. Public Health Law 2994-A | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual N.Y. Public Health Law 4300 | ||
means a person who is eighteen years of age or older, a corporation, or a public agency, including a local department of social services, appointed in accordance with terms of this article by the supreme court, the surrogate's court, or the county court to act on behalf of an incapacitated person in providing for personal needs and/or for property management N.Y. Mental Hygiene Law 81.03 | ||
Ohio | ||
includes , but is not limited to, a limited guardian, an interim guardian, a standby guardian, and an emergency guardian appointed pursuant to division (B) of section 2111 Ohio Code 2137.01 | ||
means a person, association, or corporation that is granted authority by a probate court pursuant to Chapter 2111 of the Revised Code to exercise parental rights over a child to the extent provided in the court’s order and subject to the residual parental rights of the child’s parents Ohio Code 2151.011 | ||
means an individual that is granted authority by a probate court pursuant to Chapter 2111 of the Revised Code, or a court of competent jurisdiction in another state, to exercise parental rights over a minor child to the extent provided in the court’s order and subject to residual parental rights of the minor child’s parents Ohio Code 5107.02 | ||
Oregon | ||
means a person appointed as a guardian under the provisions of this chapter Oregon Statutes 125.005 | ||
means guardian of the person and not guardian of the estate Oregon Statutes 419A.004 | ||
Rhode Island | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual Rhode Island General Laws 23-18.6.1-2 | ||
means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under chapter 15 of Title 33 Rhode Island General Laws 33-15.2-102 | ||
means a person appointed or qualified by a court as a guardian of an individual, including a limited guardian, but not a person who is only a guardian ad litem Rhode Island General Laws 18-13-1 | ||
shall mean a person(s) having the same rights and responsibilities of an owner, and both terms shall be used interchangeably Rhode Island General Laws 4-19-2 | ||
shall mean any person acting as fiduciary for the person and estate or person or estate of any “ward” Rhode Island General Laws 33-16-2 | ||
South Carolina | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual South Carolina Code 44-43-305 | ||
means a person who legally has the care and management of a child South Carolina Code 63-1-40, South Carolina Code 63-19-20 | ||
South Dakota | ||
includes a “limited guardian” and any reference to a “conservator” includes a “limited conservator South Dakota Codified Laws 29A-5-102 | ||
Tennessee | ||
means a judicially appointed guardian or conservator having authority to make a health care decision for an individual Tennessee Code 68-11-1802 | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual Tennessee Code 68-30-102 | ||
means a person appointed by or qualified in a court to act as a general, limited, or temporary guardian or conservator of a minor’s property or person or a person legally authorized to perform substantially the same functions Tennessee Code 35-7-102 | ||
means a person or entity appointed by a court to provide care, custody, control, supervision, and protection for a child, and authorized by the court to adopt or consent to the adoption of the child as a result of a surrender, parental consent, or termination of parental rights Tennessee Code 36-1-102 | ||
means any fiduciary for the person or estate of a ward Tennessee Code 34-5-102 | ||
means , for purposes of adoptions and terminations of parental rights, the meanings set forth in § Tennessee Code 37-5-103 | ||
Utah | ||
includes a limited guardian Utah Code 75-11-102, Utah Code 75A-6-102 | ||
includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person Utah Code 68-3-12.5 |
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is a s defined in Section 75-1-201 Utah Code 26B-6-301 | ||
means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
(35)(a) marriage;
(35)(b) enlistment in the armed forces;
(35)(c) major medical, surgical, or psychiatric treatment; or
(35)(d) legal custody, if legal custody is not vested in another individual, agency, or institution Utah Code 80-1-102 |
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means a person recognized as a guardian under other law of this state Utah Code 78B-24-201 | ||
means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section |
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means the same as that term is defined in Section |
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Vermont | ||
means a legal guardian appointed by a Probate Division of the Superior Court or by a court in a divorce or other proceeding or action | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual | ||
means a person appointed by a court to manage the estate of a living individual | ||
means a person appointed by the Probate Division of the Superior Court who has the authority to make medical decisions pursuant to 14 V | ||
means a person appointed to serve as the guardian for a vulnerable adult pursuant to the process established in 14 Vt | ||
means a person, other than a parent, appointed by a court to act as a parent for another individual and specifically authorized by the Court to place the individual for adoption | ||
means any fiduciary for the person or estate of a ward | ||
Virginia | ||
includes a limited guardian Virginia Code 64.2-116 | ||
means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual Virginia Code 64.2-701 | ||
means a person appointed by the court who has the powers and duties set out in § Virginia Code 64.2-2000 | ||
means a person appointed or qualified by a court as a guardian of a person, including a limited guardian, but not a person who is only a guardian ad litem Virginia Code 64.2-900 | ||
Washington | ||
means any fiduciary for the person or estate of a ward Washington Code 73.36.010 | ||
means the person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13 Washington Code 13.32A.030 | ||
West Virginia | ||
means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual West Virginia Code 16-19-3 | ||
means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under article two, chapter  West Virginia Code 44C-1-2 | ||
means a person appointed by the court who is responsible for the personal affairs of a protected person, and, where the context plainly indicates, the term “guardian” means or includes a “limited guardian” or a “temporary guardian” West Virginia Code 44A-1-4 | ||
means a person lawfully invested with the power and charged with the duty of taking care of another person and managing the property and rights of another person who for some peculiarity of status or defect of age, understanding or self control is considered incapable of administering his or her own affairs, to include committees or other references under the code West Virginia Code 16-5L-3 |