In adult court guardians are most often appointed for a person if they are mentally unable to understand the proceedings.  For instance, in Probate Court where decisions about a person’s mental health are made, guardians are appointed for those people.

Of course, the guardian will try to communicate meaningfully with the person, but if they can’t the guardian will step in and make decisions for the person that are legally binding and in the best interest of the person.

In all the years I’ve worked criminal cases, guardians aren’t used much.  That’s because the law says if the defendant is mentally incompetent, charges can be suspended while the defendant is transferred to Probate Court or the defense can use the mental illness as a possible defense in the criminal case.  If it’s determined a defendant is legally incompetent he may be found not guilty by reason of insanity but would transfer to Probate Court where the judge would decide if the defendant should be committed to a long-term mental health facility.

In Juvenile Court, guardians are used quite often.  

Because the goals in juvenile court are broader than merely a determination of guilt followed by punishment, guardians may be appointed for mentally ill children to determine what the best disposition will be for guilty offenders.  The guardian’s job is to report to the court about what would be in “the best interests” of the child.  Of course, the judge will balance that against protection of the public and some form of punishment for criminal behavior.

Guardians are also used quite often in child protection cases.  In situations where the children are removed from the parent’s home because of dangerous environments, they are placed in foster homes or group homes.  Guardians are appointed for these children to make sure they are safe, healthy, fed, and have access to services they may need such as counseling.  As usual, the guardian’s job is to report to the judge and recommend a course of action that would be “in the best interest” of the child.

Finally, guardians are appointed in situations outside the criminal justice system where adults are unable to make their own decisions anymore, commonly with elderly people.  Theses guardians are entrusted to make decisions in many areas such as housing, health care, financial, etc.  Their decisions can be legally binding and should always be done in the best interests of their clients.

In Minnesota, guardians of all types undergo training of varying degrees.  The more responsibility they take on, the more rigorous the training.  Often, the job of a guardian is tough for a variety of reasons.  Many of the guardians I work with are also volunteers.  Truly, many are guardian angels for their clients.

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