Every adult is presumed to be capable of making his or her own decisions, unless determined otherwise by a court of law. If an adult becomes incapable of making responsible decisions for their person and finances due to mental disability, the court will appoint a substitute decision-making person, called a “guardian.” The guardian would then be authorized by the court to make legal, financial, and health care decisions for the individual with a disability, also called “the ward.”
There are two types of guardianships: guardianship of the person and guardianship of the estate.
Some individuals with disabilities retain capacity to make responsible decisions in some areas of their lives but not in others. In such cases, the court may appoint “a limited guardian”, authorizing the limited guardian to solely have certain decision making powers for the benefit of the ward, while allowing the ward to retain control over the other areas of his or her life.
Oana will zealously assist you through this delicate process, and help you find the best customized solution for your loved one.