Protecting the Dignity and Well-being of Incapacitated People. Guardianship provides for the person's care and management of his or her money while preserving, to the largest extent possible, that person's independence and right to make decisions affecting his or her life. Guardianships are created for a variety of different reasons.
People become incapacitated due to disease, injury, or developmental disability.
No matter what the cause, the decision to seek guardianship is often painful and difficult for the alleged incapacitated person and his or her family members. Please note that a person is not legally incapacitated until a court has declared that the person is incapacitated. The court may not use age as a factor in determining whether to appoint a guardian for an adult. Whether the court appoints a guardian with broad or limited authority depends upon the physical or mental limitations of the incapacitated person.