{"id":351859,"date":"2016-04-04T11:02:38","date_gmt":"2016-04-04T16:02:38","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/guardianship\/guardianship-of-incapacitated-or-disabled-persons.html"},"modified":"2025-02-24T11:18:00","modified_gmt":"2025-02-24T16:18:00","slug":"guardianship-of-incapacitated-or-disabled-persons","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/guardianship\/guardianship-of-incapacitated-or-disabled-persons.html","title":{"rendered":"Guardianship of Incapacitated or Disabled Adults"},"content":{"rendered":"\n
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Guardianship of Incapacitated or Disabled Adults<\/h1>\n
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\n By Natalie Moritz<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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In an adult guardianship, the legal guardian makes decisions for incapacitated or disabled adults. Guardianships can be necessary for adults who, due to conditions like severe mental illness, developmental disabilities, or sudden incapacities, cannot make informed decisions about their personal care or financial matters.<\/p>\n\n <\/div>\n\n

Some adults may not have the capacity to make their own decisions. This includes health care decisions or decisions about their financial affairs (conservatorship). Courts have to establish guardianships via court order. Courts typically appoint guardians if it is the less restrictive alternative.<\/p>\n

For example, a person is in a coma due to a car accident. Without a durable power of attorney<\/a> or a directive, the court will appoint a guardian to decide for the comatose person. This also includes financial and non-financial decisions through a conservatorship.<\/p>\n

This is important for several reasons. An appointed guardian for an incapacitated adult manages several aspects of the ward\u2019s life, including:<\/p>\n