Guardian and Ward

A guardian cannot be appointed for a person unless that person is in need of supervision by a representative of the court. The natural guardian of a child is the child's parent. A parent can lose this status by neglect or ABANDONMENT. In addition, when both parents die, leaving a minor child, the court will often appoint a guardian.

Guardians can also be appointed in medical emergencies. If a parent refuses to permit necessary treatment for a child, such as a blood transfusion or vaccination, the court can name a temporary guardian to consent to such treatment. An adult has the right to refuse medical treatment, even if his or her life is in immediate danger. However, if there is evidence that the adult is not thinking clearly or is not making the decision voluntarily, a guardian can be appointed to make the decision.