A court can appoint a legal guardian for an elderly person who is incapacitated. The guardian can be a family member, friend, agency, or court-appointed individual. A petition is filed before a hearing to determine incompetence and who will act as guardian. The guardianship can be revoked or modified if the person regains the ability to make decisions or if the current guardian is unable to continue.
An aged guardianship is created when a court appoints someone to be the legal guardian for an elderly person who is incapacitated in some way. In most guardianship cases, the older person is no longer able to make decisions about their own medical care, living conditions, dependents and financial matters. However, a court may choose to limit this protection to certain areas. For example, if an older man is able to make financial decisions but can no longer physically care for himself, the court may limit the guardianship to overseeing the man’s physical needs.
Usually, a guardian is a family member or friend of the older person. In the event that a friend or relative does not wish to become the person’s legal guardian, a public or private agency, an attorney, or other court-appointed individual may also serve. Typically, must be a competent person over the age of 18, with no criminal record.
An aged guardianship assignment is typically made once a court has ruled that an older person is incompetent. The specific requirements for incompetence vary from jurisdiction to jurisdiction. As a general rule, however, whether or not a person is legally competent depends on his ability to make informed and educated decisions about his affairs. Another influencing factor is whether the person is able to meet her physical needs. If not, the person may need to be placed in a nursing home or other care facility, such as an adult daycare.
Before a case is brought before a court, a petition is usually filed requesting the appointment of the guardian. The court then grants a hearing to determine whether the elder is incompetent and to decide who will act as a guardian. During the hearing, a judge typically hears testimony about the nature of the older person’s disability and how that disability affects the person’s ability to make reasonable decisions. The judge can also appoint a guardian ad litem, a person who evaluates and testifies to the psychic, physical and social conditions of the elderly person. The guardianship procedure for the elderly can take up to three months.
This form of protection can be revoked or modified by a court. This usually occurs when the older person demonstrates that they have regained the ability to make informed and polite decisions. A guardianship can also be changed if a current legal guardian is unwilling or unable to continue in this role.
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