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- He or she has a physical or mental problem that prevents him or her from taking care of their own basic needs;
- He or she is in danger of substantial harm; and
- He or she has no family member or other person available
to assume responsibility for them.
- He or she has a physical or mental problem that prevents
him or her from managing their own financial affairs;
- He or she has no family member or other person available
to assume this responsibility for them; and
- Other kinds of help with money management will not protect
the person.
A judge will make the decision. The judge may ask for an evaluation of the person that may include medical, psychiatric, psychological and social information. Based on the evaluation, the judge will decide whether a guardian or conservator is needed.
The conservator is responsible for identifying the person's property in a process called "taking an inventory". When it is finished, the conservator must file the inventory with the Commissioner of Accounts. After the inventory is recorded, the conservator takes charge of the management of the incapacitated person's property. The incapacitated person's money must be kept separate and cannot be put into the conservator's own bank account. The conservator is authorized to make investments and make other financial decisions for the incapacitated person. On a regular basis, the conservator must give an accounting to the Commissioner of Accounts.
The guardian makes decisions about how the person lives. This includes all matters about health, food, residence and social activity. The guardian applies the values of the incapacitated person in making these living decisions.
The incapacitated person may petition the court to end the guardianship. If the person is able to show that he or she is able to care for and manage his or her own affairs, the judge will end the guardianship. Alternatively, the judge may also appoint another person to be guardian.
