- Is the person incapacitate?
- If so, who is the best person to be appointed as guardian?
The Definition of Incapacity
An “incapacitated person” is an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.
In order to obtain a guardianship, a doctor’s letter must be presented which asks and has a medical doctor or D.O. answer the following questions in their opinion:
- What is the general nature and degree of the incapacity?
- What is the Proposed Ward’s medical history as it is related to the incapacity?
- What is the prognosis, including the estimated severity, of the incapacity?
- How and in what manner does Proposed Ward’s physical or mental health affect her ability to make or communicate responsible decisions?
- If the underlying diagnosis of the incapacity is that of “senility”, please describe the precise physical and mental condition underlying the diagnosis of senility.
- Is Proposed Ward capable of operating a motor vehicle?
- Is Proposed Ward capable of making an informed decision concerning matters decided by a public vote?
- Is it feasible for the Proposed Ward to attend the guardianship proceeding? If no, state the reasons supporting your opinion, including physical impairments, medications affecting demeanor or her ability to travel or attend, etc.