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Guardianship of an Adult who has a Disability

Guardianship of an Adult who has a Disability

The court will appoint a legal guardian for an adult who has a disability when it finds that the adult does not have the ability to fully manage his financial affairs or make responsible decisions related to his person. Disability may be due to a developmental disability, mental illness, or mental or physical deterioration. Often, guardianship is necessary when the adult has not designated a surrogate decision maker such as an agent under a power of attorney for health care or property. When the court finds that guardianship is necessary to protect the interests of the adult who has a disability, the court will appoint a guardian of the person to make medical, personal and residential decisions for the adult. A guardian of the estate is appointed to manage and make ongoing decisions related to the person’s property, real estate, and financial assets.

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