When is a legal guardianship appropriate?

Courts appoint a guardian for a person

who suffers from a clinically diagnosed condition that impairs the person’s ability to make or communicate decisions to such an extent that the individual lacks the ability to attend to their own physical health, safety, or self-care, even with appropriate technological assistance. The Court may appoint a guardian to protect the incapacitated person’s welfare.

Courts will not appoint a guardian for a person who merely shows poor judgment or difficulty making decisions. If the incapacitated person has significant assets, a Conservatorship may also be appropriate and required.