Besides being emotionally difficult, it s a legal headache. Guardianship law is complex and differs in each state. There are, however, some common threads. A court appoints a competent adult, called a guardian, for a person over 18 who s declared mentally or physically incapacitated someone who s unable to make decisions regarding his or her health, living arrangements, finances and life in general. Some reasons may include Alzheimer s disease, mental disability or a recent stroke.
Guardians don t just watch over adults.
A court can appoint a legal guardian for anyone under 18 whose parents can no longer take care of them. If parents abuse their children, become too ill or die, a guardian can be appointed. Sometimes parents voluntarily turn over guardianship if they think it s best for their children. There are also professional guardians, who are paid out of the ward s funds, though the court must approve the arrangement. A guardian makes all legal decisions for the incapacitated person, who s legally called a ward.