A guardianship often becomes necessary if a person has failed to do their estate planning, and that person no longer has the capacity to execute legal documents.
A guardianship is a legal relationship, in which a competent adult has obtained court-ordered legal authority over another individual (who is unable to care for or make decisions for him or herself). Incapacity may be caused by illness, mental illness, developmental disability, age, accident, or any other cause. A Guardian’s authority may be restricted to certain areas of decision making for the incompetent individual, but typically includes the power to: Determine where the incapacitated person will live; Provide for the safety, care, comfort, maintenance; and/or Take care of the Protected Person’s clothing, furniture, and personal effects.
A guardianship of an incapacitated person is often done in conjunction with a conservatorship of that person.