Following a determination of Incapacity it is necessary for the Court to proceed to determine whether a Guardianship is necessary and if so what kind.

When a person is completely incapacitated, the Court will enter Plenary Guardianship. This type of Guardianship names either an individual who is a family member, a Professional Guardian, or an Organization that handles Guardianships to be appointed to handle all aspects of a person’s life.

Some of the choices made by the Guardian include: the right to vote, the right to drive, the right to marry, the right to sue, the right to determine their residence, their right to travel, and their right to contract.

The Court can enter a limited Guardianship and allow the person to retain some of these rights. The person who petitions the Court for the Guardianship may apply to be that person’s Guardian or they may seek a Professional Guardian for the purpose of managing the individual’s money and property. In that situation, the petitioner, often a family member may want to make decisions regarding the parson’s place to live and medical attention, but not want the responsibility to manage their money and pay their bills.

This results in the distinction between a Guardian of someone’s person and a Guardian of Property. In cases in which two family members attempt to obtain a Guardianship over an Elderly relative, the Court will often appoint an independent Guardian of the Property to avoid a conflict or wrong doing, such as financial exploitation.

Many times litigation may result with a contested hearing between family members attempting to be named Guardian and to gain control.