If a court finds that a person does not have the ability to safely manage the things that belong to them and/or meet their basic health, safety, and self-care needs, the court will rule that this person is incapacitated. In many cases, after a court decides that a person is incapacitated, it will choose someone else to make some or all the decisions for the incapacitated person. This is called a guardianship.
Guardianships are restrictive and may be unnecessary. Being placed in a guardianship results in the loss of an individual’s right to make their own life choices. Under guardianship, the individual who is found to be incapacitated is referred to as a “ward” under the law. We will refer to them as “person under guardianship.”