 |
 |
Guardianship is the process where one or more individuals is appointed to care for someone who is incapacitated. In some states, this is referred to as a conservatorship. The incapacity can be physical, mental or due to age (i.e. a minor). A person is only incapacitated when it is determined by a court of law. Therefore, a person may be disabled, but is only incapacitated when it is determined in court. Incapacity can be limited or complete. When a person is determined to be incapacitated, a guardian is appointed. This guardian can be a family member, professional guardian or institution. Guardianship can be avoided in most instances through proper planning. Even when it is unavoidable, the guardian can be chosen beforehand through proper designations.
