Guardianship

Guardianship or conservatorship will be approved only if the court determines it is required due to incapacitation. Although the definition of incapacity varies from state to state, it is generally defined as being unable to make or communicate responsible decisions regarding one's self or one's property. The extent of the incapacitation can vary and in most states, guardianships may be full, or partial, or limited both for the person and/or the property of the individual. Detailed documentation from a physician, or several physicians, is required to show the individual is not capable of full or partial independence. An illness or disability alone is not sufficient reason for determining guardianship or conservatorship.