Guardianship of Incapacitated or Disabled Persons

Physical and mental disability or incapacity can affect a person’s ability to take care of himself or herself and also take decisions for their own welfare. Such persons often need treatment and other services.

Guardianships for such persons allow them to be independent and self reliant. The guardianship of such persons is often limited to allow the person to exercise as much control over his or her life as possible without losing any dignity. The guardian must act according to the desires of the person. The person must do things that they are mentally and physically capable of.

Powers of Guardians

The powers of the guardian are limited to those that are necessary for the person but the person cannot accomplish independently and can include:

• Ensuring that the person has access to necessary care

• Ensuring that the person receives the required medical and educational services

• Informing the court of the person’s condition from time to time including providing details of the person’s finances, the services rendered by the guardian, the health of the person and other such information as required by the court.

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