ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

Who appoints a guardian?

Procedures vary among the states, but generally a court appoints a guardian after hearing evidence that a person is incapable of making decisions and deciding that the person needs a surrogate decision maker.

In most states, the law requires some form of due process rights. These rights are intended to protect a person from inappropriately being declared incapacitated. The rights include the right to be notified of the date and place of the hearing, the right to be present at the hearing, and the right to be represented by a lawyer.