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Adult guardianship is a legal relationship between a court-appointed individual or program (the "guardian") and an individual who is found by the court to be incapacitated (the "ward") due to dementia, developmental disability, stroke, brain injury, chronic mental illness or other causes.
A developmental disability or mental illness is not, by itself, a sufficient reason for the court to rule that a person is incapacitated. The court must find that due to a mental condition, such as those listed above, the individual is substantially unable to provide for his or her physical, emotional, medical and residential needs. A person may be deemed "incapacitated" ifhe or she is not able to make "informed decisions" with regard to these needs.
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Elder Law Center, 10 Pinckney Colony Rd, Suite 400, Bluffton, South Carolina 29910
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