What is a guardianship?
A guardianship is a court proceeding. The initial determination that a court must make in a guardianship proceeding is to determine whether or not somebody is mentally incapacitated. If the court determines that somebody is mentally incapacitated, then the court must decide whether are advanced directives, namely a power of attorney or a healthcare surrogate, that sufficiently meet the ward’s needs. If not, then it’s likely that a guardian will be appointed.