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Court Appointed Guardian To Manage Your Affairs

How Does A Court Decide If A Guardian Is Needed?

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There is no single test for mental capacity in each state. However, in general:

  • Incapacity is evaluated in connection with specific tasks. The question is usually: incapable of doing what?
  • Different legal standards of capacity usually apply to different tasks. For example, the capacity to execute a Will may be different from the capacity to drive or to make medical decisions.

Typically, a three-part test is used to determine incapacity:

  • There must be some type of disability.
  • There must be a finding that the disability prevents the person from performing activities essential to take care of his or her personal needs or property.
  • There are no workable alternatives to guardianship.

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