What is a guardianship of the incompetent?

A guardianship of the “incompetent” in California is when an adult is unable to make decisions for themselves due to a mental or physical disability. In this situation, a court may appoint an adult guardian to make decisions for the “incompetent” person. The court will appoint a guardian after determining that the individual is affected by a mental or physical disability, and so lacks the capacity to make legal decisions for themselves. The guardian is legally responsible for making decisions on behalf of the incompetent person. These decisions can include healthcare decisions, where to live, and how their finances should be managed. Guardians can also be appointed to care for an incompetent person’s minor child. The guardian is required to act in the best interests of the incompetent person, and must keep the court informed of the progress of their guardianship. The guardian must also report any changes to the individual’s financial status, health or living arrangements. In California, it is illegal for a guardian to misuse the finances of the incompetent person or neglect their care. The guardianship in California is intended to protect and provide for the disabled individual and ensure their needs are met. Guardians are not allowed to exploit or take advantage of the incompetent person in any way. However, if the guardian fails to meet their legal obligations, they can be removed from their position of guardian and replaced with someone else.

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What is a guardianship of the incompetent?

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