Law 3101A/B Chapter Notes - Chapter 3: Free Hand, Best Interests, Determinative

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Any person may apply to become court appointed guardian. Appt will only be made if it is found that a person is incapable and needs someone to make decisions on their behalf. Appt will not be made if there are less restrictive alternatives. Except in limited circumstances an individual providing health care or residential, social, training or support services for compensation cannot be appointed guardian unless no other suitable person available and willing to be appointed. Public guardian and trustee pgt will only be appointed guardian if there is no other available person. A guardianship application generally requires: a the proposed gaurdian"s consent, a guardianship plan, a statement signed by the applicant indicating that the incapable person has been informed of the application and of his right to oppose it. A person must be 16 and capable to create a poa for personal care. Grantors can name whoever they wish must be 16 and compotent willing to serve and available.

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