Guardianships

Guardianship is a legal relationship in which a person or agency is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make such decisions involving the management of their personal affairs, property, or both. A court process is required to create guardianships.

A guardianship is not the same as power of attorney.

There must be clear and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage their affairs by the court.

Some examples of when Guardianships might be necessary are when the person involved suffers from mental illness, disability (intellectual / developmental), epilepsy, cerebral palsy, autism, senility, personal injury, and some medical conditions.

Keep in mind that poor judgement relating to personal matters such as finances is not necessarily going to be enough to convince the court your loved one in question needs Guardianship.