Guardianship is the court designed process that was established to protect and exercise the legal rights of individuals who lack the capacity to make competent decisions in regard to their care and finances. Examples of individuals who need a Guardian are individuals with Alzheimer’s disease, a developmental disability, chronic illness, or any other such condition that causes functional limitations. Before a guardianship is established the court must determine that the alleged incapacitated person (AIP) lacks capacity to exercise their legal rights. Guardianship is the last resort and the court will always look to less restrictive alternatives.
Frequently Asked Questions
After this a hearing will be held to review the reports of the examining committee and make a determination of the level, if any, of the alleged incapacitated person’s incapacity. The court then looks to see if there is a less restrictive alternative to a guardianship.
If the individual is determined to be incapacitated, and there are no less restrictive alternatives the court will appoint a Guardian of either the person, the property, of for both the person and property.