Who is a guardian?

• A. A probate attorney
• B. Any person to whom letters of guardianship have been issued by a court of this state, pursuant to this act, the family court act or article 81 of the mental hygiene law.
• C. A guardian appointed by a relative
• D. A private guardian appointed by the decedent

Answer: (B)

A guardian is someone who has letters of guardianship issued by a court in this state, giving them official authority to act for and on behalf of a person who cannot manage their own affairs. Those letters are the court’s proof of appointment and empower the guardian to handle either the ward’s person, estate, or both, under the appropriate statute. The appointment can come under the act being used in Surrogate’s Court practice, the Family Court Act, or Article 81 of the Mental Hygiene Law, depending on the situation. This formal court-based process ensures the guardian’s authority is recognized and supervised, rather than relying on informal or private arrangements.