When an adult cannot care for themselves or a child's parents can no longer care for a child, guardianship may be needed. A guardian is a person appointed by the court to decide on an incapacitated person. This often is due to a mental illness, mental deficiency, disease or mental capacity. Guardianship may be needed for a child if there is no parent available to care for the child. Guardianship is filed in the county where the protected person has been living for at least 6 months. A guardianship lasts until the child turns 18 or until an incapacitated person regains the ability to care for themselves.

There are types of guardianship like over a person, for the care of the person and who can make personal and financial decisions including healthcare. There is guardianship over the estate, which allows the guardian to make financial decisions, and there is combined guardianship, person and financial.