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Legal guardians may be appointed in guardianship cases for adults (see also conservatorship).

For example, parents may start a guardianship action to become the guardians of a developmentally-disabled child when the child reaches the age of majority.

Courts generally have the power to appoint a guardian for an individual in need of special protection.

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A guardianship for an incapacitated senior will typically arise where someone determines that a senior has become unable to care for their own person or property.

Usually, there is a belief that the senior is being financially exploited or about to be exploited.

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.

Guardians are typically used in three situations: guardianship for an incapacitated senior (due to old age or infirmity), guardianship for a minor, and guardianship for developmentally disabled adults.

A guardian ad litem is an officer of the court, does not represent the parties in the suit, and often enjoys quasi-judicial immunity from any action from the parties involved in a particular case.

Training, qualifications and supervision vary from state-to-state, which means that their quality is similarly variable.

Depending on the jurisdiction, a legal guardian may be called a "conservator", "custodian", or curator.

Many jurisdictions and the Uniform Probate Code distinguish between a "guardian" or "guardian of the person" who is an individual with authority over and fiduciary responsibilities for the physical person of the ward, and a "conservator" or "guardian of the property" of a ward who has authority over and fiduciary responsibilities for significant property (often an inheritance or personal injury settlement) belonging to the ward.

In, for instance, North Carolina, an applicant (volunteer) must go through a background check, complete 30 hours of training, and then is assigned a mentor for their first case.

Although a guardian ad litem working through a CASA program volunteers their services, some guardians ad litem are paid for their services.

In these situations, the guardian ad litem is charged to represent the best interests of the minor child which can differ from the position of the state or government agency as well as the interest of the parent or guardian.

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