Glossary of Terms

ACCEPTANCE OF APPOINTMENT

A document signed by the guardian agreeing to comply with all laws applicable to guardians, and agreeing to the jurisdiction of the Court that appointed the guardian.

ADVANCED DIRECTIVE

A written plan, such as a living will or a power of attorney, telling others what kind of care a person wants if they become sick, incapacitated, or terminally ill, and are unable to make decisions or communicate their wishes.

ADVOCATE

Someone who helps, supports, or speaks up for another person.

ALLEGEDLY INCAPACITATED PERSON

A person who may need a guardian, but the Court has not yet appointed a guardian for them. This term is used to describe a person for whom a Petition for Guardianship has been filed, or for whom an Application for Services has been submitted to the Office of Guardianship.

CAPACITY

The ability of a person to understand and make decisions about their life and actions, and to manage their personal care and financial affairs.

CONTRACTED GUARDIANSHIP PROVIDERS

Companies or people hired by the Office of Guardianship to serve as guardians for adults who cannot make decisions for themselves and who do not have family or friends to help.

COURT VISITOR 

A person appointed by the Court to assess the needs of the Allegedly Incapacitated Person, evaluate their living situation and circumstances, and submit a report to the Court. The Court uses the report to decide whether a guardian should be appointed for the Allegedly Incapacitated Person. Visitors may be psychologists, social workers, developmental disability professionals, physical or occupational therapists, educators, or rehabilitation workers.

EMERGENCY or TEMPORARY GUARDIAN

A person temporarily appointed by the court to serve as guardian in an urgent situation in which the health, safety, or welfare of the Allegedly Incapacitated Person are at risk and a guardian is needed to make an urgent decision.

FIDUCIARY

An individual, agency, or organization entrusted to make decisions and act responsibly for someone else’s benefit.

FUNCTIONAL IMPAIRMENT

When an individual is unable to manage their personal care or their financial affairs, or both.

GUARDIAN

A person appointed by the Court to make decisions for an incapacitated person. The Court gives the guardian the legal authority to make decisions on behalf of the incapacitated person in the areas of the person’s life specified in the Order appointing the guardian. A “family guardian” is a friend or family member of the incapacitated person who is ready, willing, and able to serve as guardian. A family guardian can only be appointed as guardian for a maximum fo two people. A “professional guardian” is someone certified by the Center for Guardianship Certification, and is ready, willing, and able to serve as guardian. A professional guardian is paid for their services. 

GUARDIAN AD LITEM

An attorney appointed by the court to represent and protect the interests of someone involved in a lawsuit. In guardianship cases, the Guardian ad Litem is appointed to represent and protect the interests of the Allegedly Incapacitated Person.

INCAPACITATED PERSON

A person found by the Court to be unable to make or communicate decisions about their life because of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause.

INTERESTED PERSON

A family member or close friend of an Allegedly Incapacitated Person or Protected Person. An interested person receives copies of the Petition for Guardianship when it is filed. If a guardian is appointed, an Interested Person is allowed to receive copies of the pleadings and notices of hearings in the guardianship case.

LEAST RESTRICTIVE ALTERNATIVE

The option that gives someone the most freedom and places the fewest limitations on their ability to live, learn, and work, while still meeting their needs.

LETTER OF GUARDIANSHIP

A document issued by the Court Clerk upon the appointment of a guardian, which states the areas of the Protected Person’s life where the guardian has authority to make decisions. The Letter of Guardianship is 

LIMITED GUARDIAN

A guardian appointed to make decisions in some, but not all, areas of the life of a Protected Person. The specific whose specific tasks are outlined by a court order covering some, but not all, of the tasks necessary to care for a person or property.

PETITIONING ATTORNEY

The attorney who files the Petition for Guardianship, and asks the Court to appoint the Guardian ad Litem, Court Visitor, and Qualified Health Care Provider who will submit reports and provide information to the Court regarding whether a guardian should be appointed.

PLENARY GUARDIAN

A guardian appointed to make decisions every area of a Protected Person’s life where the  

POWER OF ATTORNEY 

A notarized document by which one person gives another the authority to make decisions about the first person’s life. The Power of Attorney can cover many areas of decision-making, such as financial decisions or medical decisions. The person giving the authority to another must have capacity when they gave Power of Attorney. The person who gives Power of Attorney can revoke it at any time, so long as they have capacity.

PROTECTED PERSON WELFARE VISITS

Protected Person Welfare Visits are assessments conducted by OOG to review a professional guardianship for which OOG provides the guardianship services. 

QUALIFIED HEALTH CARE PROFESSIONAL

A medical professional whose training and expertise will help in the assessment of a person’s functional impairment, and who submits a report to the Court regarding the capacity of an Allegedly Incapacitated Person. The Court uses the report to decide whether a guardian should be appointed for the Allegedly Incapacitated Person. 

SELF-DETERMINATION

The idea that individuals have the freedom to decide their actions without being influenced by external forces.

SUCCESSOR GUARDIAN

A guardian appointed for a Protected Person when the prior guardian could not continue serving as guardian.

SUPPORTED DECISION-MAKING

An alternative to guardianship where one person (the “decision-maker”) designates other people (the “supporters”) who will help with gathering, processing, and evaluating information, and then communicating a decision. Supported Decision-Making leaves the ultimate decision to the decision-maker, instead of giving that authority to a guardian.

SURROGATE DECISION-MAKER

A person authorized under the Uniform Health Care Decisions Act to make health care decisions for another when that person is medically unable to make their own decisions. There must be medical evidence, confirmed by health care professionals, that the person is unable to make their own decisions. A Surrogate Decision-Maker does not need to be appointed by the Court. 

TREATMENT GUARDIAN

A  person appointed by the Court to make decisions about mental health treatment, including the use of psychotropic medications, for someone who is incapacitated. A treatment guardian is appointed for no more than one year, but their appointment can be renewed by the Court.