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Guardianship is the process by which an individual or
qualified entity obtains court authority to protect the rights
or the property of an individual who has been determined by the
court to be unable to provide for his person or to manage his
property or financial affairs.
Guardianships are useful in many circumstances. For the parent
or relative of a person over eighteen (18) years of age and
having a developmental disability, a guardianship will allow the
parent or relative to gain control, authority and protection
over that individual. This is especially important with regard
to medical issues and the guardian's ability to give informed
consent for medical treatment for the disabled person.
A guardianship can be established for the person only, the
estate only, or the person and estate of the incapacitated
person. A guardianship of the person covers personal services of
the incapacitated individual such as living arrangements,
transportation, medical services, and informed consent for
necessary medical procedures.
Guardianship of the estate generally covers financial and
contractual matters. The court also has the option of appointing
a limited guardian of the person only, estate only, or a limited
guardian of the person and estate for an individual. A limited
guardianship acknowledges that the incapacitated individual has
some decision-making abilities and specifically limits the
powers of the limited guardian to assist the incapacitated
individual only in those areas where he or she needs help.
The court has the power to make a guardianship last
indefinitely. A guardianship will continue until terminated by
court order. This happens when a determination is made by the
court that the incapacitated person is no longer incapacitated,
the guardianship is no longer necessary because a minor has
reached 18 years of age, or if the incapacitated person dies.
Anyone, including the incapacitated person, may petition the
court at any time to modify or terminate the guardianship.
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