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Family law |
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Family |
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.
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