The lack of capacity may be due to mental illness, intellectual or developmental disability, epilepsy, cerebral palsy, autism, inebriety, senility, disease, injury, or a similar cause or condition. When does the court appoint a guardian for an adult?Ī guardian is appointed for an adult if the court finds by clear, cogent and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions about the person’s self, family, or property. Supported Decision Making: For some individuals, guardianship can be avoided by developing a network of trusted individuals that can provide support by assisting with decision making.Support: People who may not be able to independently manage all details of their lives may be able to manage without a guardian if they have trusted family, social support and community support, for instance, help with budgeting or medication reminders.Home Health Care: Home health care agencies can assist people with activities of daily living, like dressing, bathing, cooking, and cleaning. An attorney can assist in setting up a special needs trust.
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