A guardian is a person that can be appointed by a court to care for an incapacitated person. “A typical statutory definition of “incapacitated person” is one who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.” This article discusses the numerous tragic circumstances in which the appointment of a guardian might be necessary. In order to create a valid guardianship it is critical that all the statutory procedures required in the state be followed. It is common for states to have enacted The Uniform Adult Guardianship and Protective Proceedings Act to prohibit the involuntary movement of wards across state lines and to uphold the interstate enforcement of guardianship orders.
See Brad Reid, A Legal Introduction to Guardianship for an Incapacitated Individual, The Huffington Post, October 12, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
