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1. NAME OF PROGRAM: Guardianship Services for Adults
2. PURPOSE OF PROGRAM: The purpose of this program is to assure that adults who have limited capacity to act in their own behalf are protected by having a guardian established to act for them. Guardianship is a legal relationship in which someone (the guardian) is authorized by the clerk of superior court to be a substitute decision-maker for an incompetent adult (the ward). Incompetence is determined in a court proceeding and means an individual is unable to manage his own affairs, or is unable to make important decisions.
3. APPLICATION PROCEDURES: Questions regarding the need for establishment of a guardian should be directed to the Adult Service Intake social worker. Contacts may be made by phone or in person. Most legal actions for guardianship taken by the agency come as the result of an Adult Protective Services report. The agency is also available to assist families in assessing individuals regarding their capacity to manage personal matters and help the family work through the legal system to petition for establishment of a guardian.
4. ELIGIBILITY REQUIREMENTS:
- The individual must exhibit limited capacity to manage his own affairs or be unable to make important decisions.
- Assistance will be provided to the family in maneuvering through the legal system to have a guardian appointed. If there is no family to act in the individual's behalf, the agency will initiate the process.
- This service is provided without regard to income. Eligibility is based solely on the documented need for the service.
5. OTHER PROGRAM DETAILS: There are three types of guardianship: guardian of the person (authority to make decisions in most areas of the ward's personal life), guardian of the estate (authority to manage the ward's income and property), general guardian (authority over both ward's personal life and ward's income and property).
6. DATE OF INFORMATION: May 1, 2001
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