Try: When an individual becomes mentally incapacitated or disabled someone needs to make decisions for the incapacitated individual determining the appropriate guardian for the incapacitated person is a crucial aspect of the process since the court cannot compel anyone to be a guardian it must appoint someone who is willing to assume the role the search generally focuses on family members or close friends some state laws provide a preference list for guardians these focus on spouses children other relatives close friends and neighbors the court is generally free to appoint someone outside of the recommendations that will best serve the incapacitated individual one option in some states is to appoint a guardian who will be paid by the state attorney guardians for the estate only are somewhat easier to find because banks and attorneys are often more willing to serve in this role when choosing a guardian it is important for a care giver to consider all possibilities and keep the incapacitated individual individual’s interests in mind information references

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Categories: Cognitive Intellectual, Legal

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Keywords: Incapacity legal

*This information is listed as a Fact Sheet and is not explicitly medically licensed