Guardianship / Enduring Power of Attorney, Advance Directives
The institution of guardianship is meant to avoid situations in which people who cannot manage their own affairs are left without protection. A court may appoint a guardian to represent another (a Ward) for all legal and other matters, according to the authorities defined by the court, while the guardian always has the ward's best interest in mind.
A guardian may be appointed for:
• Someone declared to be legally incompetent by a court of law.
• A minor who is under the age of 18 and whose parents have either died, been declared legally incompetent, or are not capable of fulfilling their parental duties.
• An adult with special needs
who is unable to manage his/her own affairs.
• An elderly person who is not able to care for him/herself or make decisions for him/herself.
• A person who has been hospitalized and has been examined and found to be incapable of expressing an opinion regarding a medical procedure to be performed on him/her. A guardian is appointed by way of a hospital social worker through an expedited process within one day.
The appointment is for guardianship over the patient’s body only, and for a temporary
period of time.