GUARDIANSHIP GLOSSARY OF DEFINITIONS
Agent - One who has permission to act.
Bond - An insurance policy required by the Court in an amount set by the judge to cover the assets of the estate.
Clear and Convincing - Evidence or proof that the facts asserted are highly probable. A higher standard than a preponderance of the evidence, but a lower standard than proof beyond a reasonable doubt.
Estate - Both real and personal, tangible and intangible, and includes anything that may be the subject of ownership.
Fiduciary - A person or entity to whom property management or other responsibility is entrusted.
Guardian - A person who is appointed by the Court to protect the property and/or person of one who does not have the capacity to protect his or her own interests.
Guardian Ad Litem - A disinterested person who is appointed by the Court on behalf of the ward to represent the ward's best interest.
Guardian of the Estate - A guardian who possesses any or all powers and rights with regard to the property of an individual.
Guardian of the Person - A person who is responsible for and who advocates for the health, well-being and personal needs of the ward.
Guardian of the Person and Estate - A person who acts in both capactities for a ward.
Incapacitated Person - An adult who, because of physical or mental conditioning, is substantially unable to feed, clothe or shelter himself/herself, to care for his/her physical health, or to manage his/her financial affairs.
Letters of Guardianship - An official Letter issued by the Court, which is written evidence of the appointment of guardian and the authority of the guardian to act for the ward.
Oath - A sworn, written statement made by the guardian in which he or she swears to fulfill his or her obligation.
Payee - A person who receives and disburses the ward's social security income or SSI outside of the jurisdiction of the Court. These funds are monitored by the Social Security Administration. A person may also serve as payee for Veteran's and Railroad Retirement benefits.
Principal - The person from whom an agent's authority is derived.
Probable Cause - A reasonable ground for supposing that an allegation is true; more evidence for than against.
Trust - A legal method used to manage and distribute property without a guardianship.
Ward - An incapacitated person who has been placed in the care, custody and supervision of a guardian.