Who may have a guardian appointed to manage his/her affairs?

  • Robert S. Thomas,
  •   Guardianship
  •   Comments Off on Who may have a guardian appointed to manage his/her affairs?

A disabled adult is a person who is unable to make and communicate decisions about his person or his property because of physical, mental or development disabilities. Before a person can be named a guardian of a disabled adult, a medical doctor must complete a court form in which the doctor renders a written opinion about the physical and mental condition of the adult in physical and mental condition of the adult in question. In addition, the court will appoint a guardian ad litem (GAL) who is a lawyer who will appear in court on behalf of an incompetent person. The will advise the court of his observations of the disabled adult. Based on the report of the doctor and the report of GAL, the court will decided whether to appoint a person to act as a guardian of the person and/or estate of the disabled adult.

A minor is a person who has not attained the age of 18. For most children, there is no need to appoint a guardian if one of the parents is alive. If either or both parents are alive and are competent, a parent is the natural guardian of the child, unless that parent is deemed unfit or not competent when a child does not have a surviving parent, then a court will appoint a person to act as the guardian of the estate and/or guardian of the person of the minor attains the age of 18, the guardianship terminates.

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