Duhaime's Law Dictionary


Adult Guardianship Definition:

The body of law as related to the investigation into the ability of an adult to manage his or her person or affairs, and the resultant guardianship.

Related Terms: Guardianship, Capacity, Guardian, Lunatic

Previously known by a variety of titles in law most of which have been declared to be politically incorrect: such as the law of lunacy, of the mentally retarded, of the insane and even the law of idiots or fools.

Adult guardianship is so-named to distinguish it from the body of family law which sets out law and process as regards to the guardianship or custody of a child, usually in the event of the death or separation of their parents.

Adult guardianship law concerns itself with the law and process of judicial assessment of the ability of an adult to manage their affairs and their person and in the event that a court or jury finds that they cannot, to appoint a guardian of the person and a guardian of the estate (usually combined within the same person).

In most common law jurisdictions, such a guardian of a an adult is called a committee even though, in most cases, it is a single individual that is appointed.

Adult guardianship law also includes law and process on the supervision of such a guardianships; reporting, replacement and such other matters which from time to time, the court may wish to address during the course of an adult guardian's tenure.

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