Legal guardian

A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent,[1] called a ward. For example, a legal guardian might be granted the authority to make decisions regarding a ward's housing or medical care or manage the ward's finances.[2] Guardianship is most appropriate when an alleged ward is functionally incapacitated, meaning they have a lagging skill critical to performing certain tasks, such as making important life decisions.[3] Guardianship intends to serve as a safeguard to protect the ward.[4]

Anyone can petition for a guardianship hearing if they believe another individual cannot make rational decisions on their own behalf.[1] In a guardianship hearing, a judge ultimately decides whether guardianship is appropriate and, if so, will appoint a guardian.[2] Guardians are typically used in four situations: guardianship for an incapacitated elderly person (due to old age or infirmity), guardianship for a minor, and guardianship for developmentally disabled adults and for adults found to be incompetent. A family member is most commonly appointed guardian [citation needed], though a professional guardian or public trustee may be appointed if a suitable family member is not available.

  1. ^ a b B., Melton, Gary (22 December 2017). Psychological evaluations for the courts : a handbook for mental health professionals and lawyers. Guilford Publications. ISBN 978-1-4625-3266-7. OCLC 1026274671.{{cite book}}: CS1 maint: multiple names: authors list (link)
  2. ^ a b Millar, Dorothy Squatrito (2013). "Guardianship Alternatives: Their Use Affirms Self-Determination of Individuals with Intellectual Disabilities". Education and Training in Autism and Developmental Disabilities. 48 (3): 291–305. ISSN 2154-1647. JSTOR 23880988.
  3. ^ McSwiggan, Sally; Meares, Susanne; Porter, Melanie (March 2016). "Decision-making capacity evaluation in adult guardianship: a systematic review". International Psychogeriatrics. 28 (3): 373–384. doi:10.1017/S1041610215001490. ISSN 1041-6102. PMID 26412394. S2CID 33108335.
  4. ^ Frolik, Lawrence A. (2012). "Guardianship reform: When the best is the enemy of the good". Stanford Law & Policy Review. 9 (2): 347–358 – via Hein Online.

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