Because guardianship involves such a serious deprivation of liberty and dignity, the law requires that guardianship be imposed only when other less restrictive alternatives have proven to be ineffective. If less restrictive forms of protection are not adequate to protect a person from the substantial risk of harm, then guardianship should be sought on behalf of the incapacitated person. A guardian's authority is limited to those areas of decision making for which there is evidence to indicate that a person is incapacitated. Some incapacitated persons are able to make responsible decisions in some, but not all areas of their lives. In these situations the Court may limit the guardianship to only those areas in which the incapacitated person is unable to make responsible decisions.
Some individuals require a guardian who has the responsibility for both the person and the estate.
The primary responsibility of the guardian with duties pertaining to the person is to provide consent for issues such as medical treatment and living situation. Initiating, defending, or settling lawsuits Lending or borrowing money Paying or collecting debts Access to and release of confidential records and papers Making a will Decisions concerning education The Court looks at each individual's unique situation and tries to impose only those conditions that are absolutely necessary to maintain that individual's well being. In making the selection of an individual to serve as guardian, first consideration is usually given to those who play a significant role in the person's life. The guardian should be someone who is both aware of and sensitive to the disabled person's needs and preferences. It is very important to remember that guardianship is a relationship in which one person places trust and confidence in the capability, integrity and fidelity of another.