For more information, contact:
Emily Smith, CSW, NCG
The Guardianship Program
WGC’s Guardianship Program is a statewide program that provides guardianship services and other substitute decision making alternatives for incapacitated persons.
Guardianship is one of the least understood forms of assistance for adults. It can be a valuable means of protection for a severely at risk individual.
What is a Guardian?
A guardian is a person or persons, 21 years old or older, appointed by a court to assist with the personal affairs of a minor or an adult who is incapacitated. A person under a guardianship is called a ward.
Incapacity is a legal definition, not a medical one. Guardianships are based on the decisional capacity of the person without regard to the diagnostic reason. Courts may require evidence of cause and effect, but bottom line it is the effect, the decisional capacity that is the focal point.
Who is an Incapacitated Adult?
An individual, 18 years of age or older, who lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person. Such incapacity may result from mental illness, mental retardation, physical illness or disability, or chronic use of drugs and/or alcohol, brain injury or other causes.
Is a Guardian Financially Responsible for the Ward?
No, a guardian is not required to provide for a ward out of his or her own funds, nor is he or she required to provide actual custody of the ward. In addition, a guardian is not liable for a ward’s behavior.
What are a Guardian's Duties and Responsibilities?
The general duties of a guardian are:
A guardian has the responsibility to assure that the ward maintains the greatest degree of independence and self esteem possible.
The Court requires that a guardian submit semi-annual reports to the court regarding the status of the guardianship and the condition of the ward.
Wyoming Guardianship Corporation
P.O. Box 2778 Cheyenne, WY 82003 Office: (307) 635-8422 Fax: (307) 635-0776