How does one assess that a person may be in need of a Guardian?
The fact that someone has some sort of diagnosis or disability does not automatically equate to the need for a guardian. The primary test for determining the need for guardianship focuses on the ability to make decisions, and to communicate the decisions once made. The essence of decisional capacity, which equates to the guardianship determination, may be encompassed in the following questions:

Does the individual understand that a decision needs to be made?
Dies the individual understand the options available in making a decision?
Does the individual understand the potential consequences of the decision and options?
Can the individual direct the decision to appropriate parties?
The areas of decision making on which most guardianships are focused are living conditions, medical care, vocations and educational services, ancillary professional services, caring for dependents, and managing finances.

Show All Answers

1. What is a Guardian?
2. Who may have a Guardian appointed to manage his/her affairs?
3. How does one assess that a person may be in need of a Guardian?
4. What are the steps of the Guardianship process?
5. Can Guardianship be used in the case of an emergency?
6. Are Living Wills, Powers of Attorney, Surrogate Decision Makers other alternatives to Guardianship?
7. Who can act as a guardian?
8. What are the different types of guardianship available?
9. How long does the Guardianship process take?
10. Does guardianship ever end?