Family members or others can ask the court to act to protect someone who appears to be lacking ability to do so for him or herself and is therefore "incompetent." If the court finds that the person is incompetent and a guardianship is necessary, the court will appoint a guardian. (APSI) can serve as guardian of the person.Ī ward is the person for whom a guardian has been appointed.Ī probate court will appoint a guardian to direct the legal, financial affairs and/or the personal care of a person who is not able to manage his or her own affairs because of a mental disability. The only exception to this rule is that Advocacy and Protection Services, Inc. Only a "natural person" (not a corporation) can be appointed as a guardian of the person. What if a guardian does not appear to be doing a good job?Ī guardian is a person, corporation or an association appointed by a probate court to be legally responsible for another person and/or for another person's property (estate) when that person is unable to manage his or her personal needs or property because of a mental disability.What happens at a guardianship hearing?.What is the conflict of interest provision concerning providers of services?.What are some less restrictive alternatives to guardianship?.What rights are taken away when a guardian is appointed?.What are the general powers and duties of a guardian?.One of these less restrictive options may be able to meet the person's needs without the appointment of a guardian.
Because the appointment of a guardian takes away a person's ability to make decisions about his or her life, other options which place fewer restrictions on the person with a disability should be considered first. Guardianship takes away a person's ability to make choices.
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