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Guardianship Guardianship is a legal relationship between a competent adult and a person over the age of 18 and whose disability causes them to make irrational decisions The incompetent person is called the ward The disability may he caused by mental illness developmental disability accident or other causes A developmental disability or mental illness is not alone by itself enough reason to call someone incompetent Even advanced stages of alcoholism is reason enough to find a guardian or some other kind of court intervention in that persons life Competency has to do with a persons ability to make an informed decision or with the risk of harm that they may experience due to their inability to provide for themselves or control their business The court has the right to make the guardian last indefinitely The only way to end it is to have the court end it The only way that they do that is where the child reaches the age of majority and then they dont need a guardian or if the incapacitated person dies The incapacitated person could also get better and then they wouldnt need a guardian any more either In the relationship between the guardian and the ward the guardian is given the right to make decisions on behalf of the person with a disability When a guardian is appointed the court gives the guardian the authority to exercise certain legal rights in the wards best interest The courts when giving rights to a guardian take them away from the ward Because guardianship involves such a serious deprivation of rights and dignity the law requires that guardianship be executed only when other less restrictive alternatives have proven not to work If less restrictive forms of protection are not enough to protect a person from the risk of harm then guardianship should
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