Date: Sat, 2 Jan 2010 09:30:37 -0800 From: "Phyllis Garratt" <pgarratt@gessert.us> Subject: Re: [OHHAMILT] Guardianship records Phyllis noted in her earlier post "It would be very interesting to get more information about guardianship as so many of our ancestors had these types of legal arrangements, especially after the death of the husband." Some general "guardianship" issues explained: A "guardian of the person" is appointed for a minor or incompetent to care for the body of the ward. That means that the guardian then acts as a substitute parent in watching over the individual. So, medical decisions, education, daily living issues and the like would be the parameters of the responsibilities of the "guardian of the person". A "guardian of the estate" would be appointed to manage the financial affairs of the ward. So, investment decisions, taking custody of assets, whether personal property or a share in real property would come under that person's parameters. Let us then throw in the male vs. female issues from our history that indicate that males were required where one needed the ability to hold title, make business decisions etc. A carry over from Old English Law, but one we must recognize existed in our early law system as well. In addition, few women were educated in business matters [on a formal schooling basis and on a Dad never let daughters get involved in such matters basis] Thus, judges appointing guardians would tend not to appoint females to positions requiring business expertise or knowledge. Another legal issue could be involved. Where one is an heir and her children are also heirs, there is a natural conflict of interest when it comes to making decisions to invest, sell, or buy property. Where a decision benefits one group of heirs, it may at the same time, be adverse to the interests of another group of heirs. Thus an independent person looking after the interests of one group may be needed to protect the interests of the wards in that group. Thus a "Guardian Ad Litem" may be appointed to represent that person/group for purposes of a legal proceeding. That would likely have been a male relative given the male vs. female issue. Or, Judge could appoint a friend of his or a polital party affiliate to handle such items for the fees that it would generate. So, a logical start would be to examine which type of guardian was needed? What relationship existed outside of the court proceeding between the guardian and the ward(s)? Whether the guardianship continued after the probate proceeding was finalize? Whether physical or mental infirmities of the ward existed in addition to the legal impediments to his/her holding property? Legal impediments have changed over time. Minority status, mental incompetence, and even imprisonment could be legal disbilities. Look further. Hope these general observations help in your searches.