Is the formal appointment of a guardian or conservator by the Probate Court necessary to care for or conduct the affairs of an adult who has become incapacitated?

The answer to this very important question depends on the circumstances of each individual case. Asking it is both appropriate and prudent because adult guardianship and conservatorship proceedings are fairly complicated and time-consuming, primarily as a result of the due process protections afforded the proposed ward. They can also be expensive. This is not to say that the proceedings are overly complex; the legal protections help assure that the Court receives clear and convincing evidence of incapacity before removing the rights of an adult citizen and that the order issued in every case is "fashioned" to the particular circumstances. However, there are often available alternatives to guardianship/conservatorship, which may accomplish the needed ends in any particular case. These alternatives should be considered and should be utilized in every case when doing so would accomplish the underlying purpose and provide any needed protection for the adult. It is important to distinguish physical disability or incapacity from mental disability or incapacity. One can be physically incapacitated yet retain full mental competence. On the other hand, one might be mentally incapacitated but be physically quite fit and well. The availability and effectiveness of any of these alternatives will likely be dependent upon the type and extent of incapacity.
To be legally effective, any documents discussed herein requiring the signature of the adult must be signed while the adult is capable and competent to understand the nature and purpose of the documents.

www.hallcounty.org/892/Guardianship-and-its-Alternatives-in-Geo