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Adult legal guardianship

If an incapacitated adult still wants to retain some control, they can opt for a guardian advocate , which is a less-involved alternative to a full guardian. A person can also appoint their own adult guardian ahead of time, usually through a document known as an advance directive. The directive will list which person will assume the duties of adult guardian, and under what circumstances they are granted such authority. The most common reasons for appointing an adult guardian include incapacity due to injury or due to aging.
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Does the Mother or the Father Have Legal Guardianship of an Adult Child?

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How to Arrange for Guardianship of an Impaired Adult

Adult guardianship is a legal procedure in which a court determines that a person is incapable of making decisions because of severe disabilities, and that the person is in need of protection. The person may be too mentally confused or forgetful to make decisions about medical treatment or to obtain appropriate food and shelter. This condition is called "disability". If the court finds a person to be unable to make decisions due to a disability, it will appoint someone to act on behalf of the disabled person, making decisions about the individual's person, property or both.
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Guardianship Forms

Avoiding Guardianship The terminology used to describe guardians and conservators may differ based upon your jurisdiction. For example, a guardian may be referred to as a conservator of the person, and a conservator may be referred to as a guardian of the estate. This article uses the traditional definition of guardian, and addresses the appointment of a person to assist with an incapacitated person's personal needs. Back to top When is a Guardian Appointed A guardianship may be granted when a court finds that an allegedly incapacitated person is fully or partially unable to provide for his or her necessities of life.
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After adjudication, the subject of the guardianship is termed a "ward. Adult guardianship is the process by which the court finds an individual's ability to make decisions so impaired that the court gives the right to make decisions to another person. Guardianship is only warranted when no less restrictive alternative—such as durable power of attorney, trust, health care surrogate or proxy, or other form of pre-need directive—is found by the court to be appropriate and available.
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