In situations where there is an immediate threat to the person’s well-being or financial security, the court may appoint an emergency guardian. Emergency guardians of the person are appointed for no more than seventy-two (72) hours, which can be extended up to an additional twenty (20) days by the court if needed. Emergency guardians of the estate are appointed for no more than thirty (30) days.[ii] Long-term guardianships, sometimes called final or permanent guardianships, are appointed indefinitely.
The court may find that an individual can make their own decisions in some areas of their life, but not in others. In these situations, a limited guardianship may be appropriate. When a limited guardianship is ordered, the Final Decree from the court will state exactly what decision-making rights and responsibilities have been assigned to the guardian, as well as any limitations. Limited guardianship can be ordered for guardians of the person, estate, or both, and allow the person under guardianship to keep as many rights and freedoms as possible.
Plenary guardianships, sometimes called full guardianships, delegate all decision-making rights allowed under the law to the guardian. Because these guardianships take away so many fundamental rights from the IP, plenary guardianships should only be considered if there are no suitable less restrictive alternatives. Guardians have a duty to maximize the IP's independence and are required to petition the court to have the guardianship altered or ended should the needs and abilities of the IP change.iii
Guardianship takes away many rights and freedoms from an individual and must only be considered after all less restrictive alternatives are considered and fail to meet their needs. There are many ways to address the needs of individuals who may not be capable of making certain decisions on their own while helping them remain independent.iv After a guardianship is established, it is the guardian’s responsibility to petition the court to limit or vacate the guardianship if a less restrictive alternative like those listed below would be appropriate should the IP’s decision-making ability or medical condition improve.
Supported decision-making is a process that allows the IP to make their own decisions after consulting with trusted supporters. These supporters can help the IP understand the decision they need to make and provide guidance about their options, but ultimately the IP is the one who makes the decision. Supported decision-making can be used instead of guardianship or as part of a guardianship, when appropriate, to ensure the person under guardianship is as involved as possible in decision-making.v