Erie County Probate Court

Guardianships

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Guardianships of Minors and Incompetents who are residents of Erie County are filed in Erie County.

• A guardian is someone appointed by the probate court to be legally responsible for a person and/or his property.  The two bases for institution of a guardianship are because a person is incompetent or a minor (under the age of 18).

   

• A guardian of a person is appointed to protect the physical custody of a ward and to provide for the ward's daily needs such as food, shelter, and medical care.

  • Adult Protective Services: Department of Job and Family Services become involved when they are informed that an adult over age 60 is not taking proper care of himself or herself.  It is the court's responsibility to determine what is in that person's best interest. Sometimes it is necessary for the court to order admission to a hospital or nursing home.

   

• A guardian of an estate is appointed to manage the property and financial assets of the ward for the ward's best interest such as paying bills and making investments.  The probate court requires an account to be filed every two years in order to keep track of the ward's funds.