The Role of a Guardian

             Guardianship is a legal relationship between a competent adult and a person over the age .

             of 18 and whose disability causes them to make irrational decisions. The incompetent person is .

             called the ward. The disability may he caused by mental illness, developmental disability, .

             accident, or other causes. A developmental disability or mental illness is not, alone by itself .

             enough reason to call someone incompetent. Even advanced stages of alcoholism is reason .

             enough to find a guardian or some other kind of court intervention in that persons life. .

             Competency has to do with a person's ability to make an 'informed decision', or, with the risk of .

             harm that they may experience due to their inability to provide for themselves or control their .

             business. The court has the right to make the guardian last indefinitely. The only way to end it .

             is to have the court end it. The only way that they do that is where the child reaches the age of .

             majority and then they don't need a guardian or if the incapacitated person dies. The .

             incapacitated person could also get better and then they wouldn't need a guardian any more .

             either.

             In the relationship between the guardian and the ward, the guardian is given the right to .

             make decisions on behalf of the person with a disability. When a guardian is appointed, the .

             court gives the guardian the authority to exercise certain legal rights in the wards best interest. .

             The courts, when giving rights to a guardian, take them away from the ward. Because .

             guardianship involves such a serious deprivation of rights and dignity, the law requires that .

             guardianship be executed only when other, less restrictive alternatives have proven not to work. .

             If less restrictive forms of protection are not enough to protect a person from the risk of harm, .

             then guardianship should be sought on behalf of the incapacitated person.

             A guardian's authority is limited to those areas of decision making for which there is .

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