Guardianship grants the guardian authority to make decisions on behalf of an incapacitated adult. There are two basic types of guardianships.

  1. A plenary (or complete) guardianship may be sought if an individual is incapable of making any decisions for him/herself.
  2. A limited guardianship addresses only those specific areas with which the incapacitated person needs assistance.  This type of guardianship allows the Court to appoint someone to assist an individual’s unique circumstances.  An example of this is when someone cannot make or communicate medical treatment decisions.

When it is in place, a guardianship removes some (or all) decision-making ability from the individual.

The determination of which type of guardianship may be appropriate is determined by the Court based upon all information, including medical information, that is available.

A guardian cannot revoke a Health Care Proxy.

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