A legal guardian is a person who has the legal authority and the corresponding duty to care for the personal and property interests of another person, called a ward. In some cases, there may be a belief that the senior is being financially exploited or about to be exploited. In other cases, the person may be unable to care for him or herself and is not able to properly engage in the activities of daily living without assistance. There will typically be a precipitating incident that causes a professional, family member, health care worker or clergyman to initiate guardianship proceedings. In most states, the process will start with a determination whether the alleged incapacitated person is actually incapacitated.
Probate Information: Guardianships--Acting for the Disabled Adult
The following explains Michigan guardianship for a formerly competent adult who loses the ability to take care of him or her self properly. A person who loses this ability is called "incapacitated. A guardian takes care of an incapacitated adult's personal needs. A conservator takes care of an incapacitated adult's property see Conservatorship.
Is legal guardianship necessary for adults with developmental disabilities?
If you want to be the guardian over an adult, there are many forms you must fill out to open a case. Read on for more information about the forms you must complete and how to open a case. Read more The court does not serve these documents for you; you have to make sure they are properly served. Visit this section to find out how to properly serve the relatives and any other required agencies.
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. Legal Definition Using poor judgment or being eccentric does not mean a person is incompetent.