Under SCPA Article 1, a Guardian is defined as which of the following?

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Multiple Choice

Under SCPA Article 1, a Guardian is defined as which of the following?

Explanation:
Guardianship under SCPA Article 1 covers three distinct roles: a guardian of the person (care, custody, and daily welfare of the ward), a guardian of the estate (management of the ward’s property and financial affairs), and a guardian who handles both person and estate. Because the statute recognizes all these possibilities, the correct interpretation is that all three descriptions are correct. Any option that omits one of these forms would fail to reflect the full scope of what a guardian can be under Article 1. In practice, the Surrogate’s Court appoints guardians with the specific duties defined in the order, which may be limited to the person, to the estate, or to both, with fiduciary duties to act in the ward’s best interests.

Guardianship under SCPA Article 1 covers three distinct roles: a guardian of the person (care, custody, and daily welfare of the ward), a guardian of the estate (management of the ward’s property and financial affairs), and a guardian who handles both person and estate. Because the statute recognizes all these possibilities, the correct interpretation is that all three descriptions are correct. Any option that omits one of these forms would fail to reflect the full scope of what a guardian can be under Article 1. In practice, the Surrogate’s Court appoints guardians with the specific duties defined in the order, which may be limited to the person, to the estate, or to both, with fiduciary duties to act in the ward’s best interests.

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