Who will the court appoint as a guardian?
The person who applies to the court often asks to be the guardian. If this does not happen, the court usually gives preference to family members. However the court always looks at what is in a person’s best interest. For example, if a person’s spouse cannot handle the financial affairs, then the court may appoint somebody who can. What if the mental incompetence is only temporary? Sometimes a guardian only needs to make decisions for a mentally incompetent person for a short period of time. If the condition is only temporary, such as a stroke, then when circumstances change, the person or a representative can ask the court to set aside the guardianship order. This request can be made any time after one year, or sooner if the court believes it is necessary. If a person proves that he or she is now mentally competent and capable of managing his or her own affairs, the court will declare the person mentally competent. What about a mentally competent person who needs help managing his or h
