Europe
Personne habilitée (habilitation familiale) — Family-empowered representative
A lighter family route added in 2016: the court empowers a relative once, and the measure then runs without the continuing judicial supervision that tutelle and curatelle carry.
- Assigned
- Family member applies where the person cannot see to their own interests because of a medically established impairment Incapacitated
- Starts
- Court grants the habilitation to represent or assist the person, for specified acts or generally Incapacitated
- Ends
- Habilitation revoked or expires Incapacitated
- Death of the person Deceased
Something missing or wrong for France?
Code civil, art. 494-1; Code civil, art. 724
Rechtlicher Betreuer (Personensorge) — Legal custodian (care of the person)
A court-appointed legal supporter. Subsidiary to a valid power of attorney, never against the adult's free will, and bound to give effect to their wishes.
- Assigned
- Betreuungsgericht appoints, on the adult's application or of its own motion Incapacitated
- Starts
- On appointment, only so far as necessary Incapacitated
- Ends
- Death of the person Deceased
Something missing or wrong for Germany — federal law?
BGB § 1814; BGB § 1821; BGB § 1922
Decision-making representative (personal welfare)
The court's last resort for personal welfare, available only where no co-decision-maker is suitable or registered. Ireland has no guardianship: the court appoints a representative for specified decisions.
- Assigned
- Court declares the person lacks capacity and no suitable or registered co-decision-maker exists Incapacitated
- Starts
- Court order appointing a decision-making representative for specified personal welfare decisions Incapacitated
- Ends
- Court varies or discharges the order, or the representative is disqualified Incapacitated
- Death of the relevant person Deceased
Something missing or wrong for Ireland?
Assisted Decision-Making (Capacity) Act 2015, s 38; Succession Act 1965, s 10
Committee of a ward (being wound down)
Wardship is abolished prospectively. Every adult ward must be reviewed by the wardship court and discharged into the 2015 Act's tiers, so this role only shrinks.
- Assigned
- Person was taken into wardship under the pre-2023 jurisdiction Incapacitated
- Starts
- Committee appointed by the wardship court under the former jurisdiction Incapacitated
- Ends
- Wardship court reviews the ward's capacity and declares either that the ward does not lack capacity or that a 2015 Act arrangement applies, discharging the ward from wardship Incapacitated
- Death of the ward Deceased
Something missing or wrong for Ireland?
Assisted Decision-Making (Capacity) Act 2015, s 54; Assisted Decision-Making (Capacity) Act 2015, s 55; Succession Act 1965, s 10
Guardian of an interdicted person (tutore dell’interdetto) — Guardian of an interdicted person
The heaviest measure, for an adult in a condition of habitual infirmity of mind that makes them incapable of seeing to their own interests, where interdiction is necessary to ensure adequate protection. The rules on guardianship of minors apply to the guardian of the interdicted person.
- Assigned
- An adult or emancipated minor in a condition of habitual infirmity of mind making them incapable of attending to their own interests is interdicted, where that is necessary for adequate protection Incapacitated
- Starts
- The provisions on guardianship of minors apply to the guardianship of the interdicted person Incapacitated
- Ends
- The measure is revoked and, where the conditions are met, replaced by support administration Capable
Something missing or wrong for Italy?
Codice civile art. 414; Codice civile art. 424; Codice civile art. 413; Codice civile art. 411
Mentor — Mentor (personal, non-property decisions)
The mirror image of bewind: mentorschap covers interests of a non-property nature only, so care and treatment decisions sit here while money sits with the bewindvoerder.
- Assigned
- Application to the kantonrechter for mentorschap Incapacitated
- Starts
- Kantonrechter institutes mentorschap where the adult cannot properly look after interests of a non-property nature Incapacitated
- Ends
- Mentorschap terminated by the kantonrechter Capable
- Death of the person Deceased
Something missing or wrong for Netherlands?
Burgerlijk Wetboek Boek 1, art. 1:450; Burgerlijk Wetboek Boek 4, art. 4:182
God man — Guardian ad litem
A court or the chief guardian orders godmanskap where illness or a weakened state means someone needs help with financial or personal matters, and generally only with their consent.
- Assigned
- Godmanskap ordered where the person needs help and no lesser measure suffices Incapacitated
- Starts
- On the order Incapacitated
- Ends
- Death of the person Deceased
Something missing or wrong for Sweden?
Föräldrabalk (1949:381) 11 kap. 4 §; Ärvdabalk (1958:637) 18 kap. 1 §
Personal welfare (health and welfare) deputy
The Court of Protection can appoint a deputy for health and welfare decisions. It does so less often, because the court prefers to make single decisions itself. A welfare deputy cannot refuse life-sustaining treatment, stop named people contacting P, or hand P's healthcare responsibility to a different person.
- Assigned
- Court of Protection order under MCA s 16 Incapacitated
- Starts
- When the court order is sent to the deputy Incapacitated
- Ends
- P dies: the deputyship ends (deputy tells OPG and the court; the final report may be required) Deceased
- P regains capacity: the deputy loses power over matters P can decide, and the order is discharged on application (form COP9) Capable
- Court revokes the appointment or varies/discharges the order (e.g. deputy acting outside authority or not in P's best interests), or order expires Incapacitated
- Deputy steps down (court order needed) or dies (sole/joint deputyship ends) Incapacitated
Something missing or wrong for UK — England & Wales?
Mental Capacity Act 2005 s 16; Mental Capacity Act 2005 s 19; GOV.UK, Deputies: make decisions for someone who lacks capacity; OPG, Public Guardian practice note: notification of death (SD16); OPG, How to be a deputy: property and financial decisions (SD3); OPG, How to be a deputy: health and welfare decisions (SD4); Mental Capacity Act 2005 s 20; GOV.UK, Deputies: make decisions for someone who lacks capacity: End your deputyship
Person authorised under an intervention order
For a single decision or action (financial, property or welfare), the sheriff can make an intervention order instead of a full guardianship. The order either directs the action or authorises a named person to take it. It is used for one-off matters, such as selling a house.
- Assigned
- Sheriff makes the order on application by anyone claiming an interest (or by the local authority where needed) Incapacitated
- Starts
- On the sheriff's order. The Public Guardian registers it. Incapacitated
- Ends
- The specified action is completed, or the sheriff varies or recalls the order Incapacitated
- Death of the adult: the order ceases to have effect. A person acting in good faith before learning of the death is protected. Deceased
Something missing or wrong for UK — Scotland?
Adults with Incapacity (Scotland) Act 2000 s 53; Adults with Incapacity (Scotland) Act 2000 s 53(8); Adults with Incapacity (Scotland) Act 2000 s 77
Guardian with personal welfare powers
A guardian appointed by the sheriff to make personal welfare decisions, which can include medical treatment. The local authority supervises, and the Mental Welfare Commission also has a role. A guardian cannot authorise donation under the Human Tissue (Scotland) Act 2006.
- Assigned
- Sheriff grants a guardianship order on application (adult incapable and likely to remain so; no other AWI measure sufficient) Incapacitated
- Starts
- On the order. The Public Guardian registers the appointment and issues a certificate of appointment (after caution/security is found, if required). Incapacitated
- Ends
- Order expires at the end of its period (3 years by default, or another period including indefinite) unless renewed. It continues while a renewal application is pending. Incapacitated
- Sheriff recalls the order, or replaces/removes the guardian Incapacitated
- Public Guardian (financial powers) or local authority/Mental Welfare Commission (welfare powers) recalls the powers Incapacitated
- Guardian resigns Incapacitated
- Death of the adult: the guardianship order ceases to have effect Deceased
Something missing or wrong for UK — Scotland?
Adults with Incapacity (Scotland) Act 2000 s 58(1), (4); Adults with Incapacity (Scotland) Act 2000 s 58(7); Adults with Incapacity (Scotland) Act 2000 s 60; Adults with Incapacity (Scotland) Act 2000 s 71; Adults with Incapacity (Scotland) Act 2000 s 73; Adults with Incapacity (Scotland) Act 2000 s 75; Adults with Incapacity (Scotland) Act 2000 s 77
North America
Committee of the person (Patients Property Act)
On a court declaration, supported by 2 medical affidavits, that an adult cannot manage themself, the Supreme Court appoints a committee with custody of the person. The Public Guardian and Trustee is committee when no one else is appointed. The appointment terminates the adult's powers of attorney and, unless the court orders otherwise, their representation agreements. It ends when the court declares the person no longer incapable, or on discharge.
- Assigned
- Supreme Court declares the adult incapable of managing himself or herself and appoints a committee (adult's own written nomination must be followed absent good reason) Incapacitated
- Starts
- On the court order Incapacitated
- Ends
- Court declares the patient no longer incapable (application after 1 year, or sooner by leave), then committee discharged Capable
- Court rescinds the appointment or appoints a successor committee Incapacitated
- Patient dies: custody of the person has no further object; committee accounts to the executor or administrator and may be discharged Deceased
Something missing or wrong for Canada — British Columbia?
Patients Property Act, RSBC 1996, c 349, ss 2-3; Patients Property Act, RSBC 1996, c 349, ss 6, 9; Patients Property Act, RSBC 1996, c 349, ss 15-17; Patients Property Act, RSBC 1996, c 349, ss 4, 11-13; Patients Property Act, RSBC 1996, c 349, s 24
Court-appointed guardian of the person
On any person's application, the court may appoint a guardian of the person for someone incapable of personal care who needs decisions made, unless a less restrictive alternative would do. The guardian ranks first in the HCCA consent hierarchy, and the appointment ends any power of attorney for personal care.
- Assigned
- Court order under s 55 Incapacitated
- Starts
- On appointment Incapacitated
- Ends
- Court terminates the guardianship on motion (powers may be suspended pending the motion) Capable
- Person dies (no express SDA termination-on-death clause for court guardianship of the person was found) Deceased
Something missing or wrong for Canada — Ontario?
Substitute Decisions Act, 1992, SO 1992, c 30, s 55; Substitute Decisions Act, 1992, SO 1992, c 30, s 57; Substitute Decisions Act, 1992, SO 1992, c 30, ss 63-64
Tutor to the person of full age
Since 1 November 2022 tutorship is Québec's only court protective regime for adults; curatorship and advisers were abolished. The court institutes tutorship when an adult cannot care for themself and needs representation. A tutor may be appointed to the person, to property, or both, and the court tailors the scope. The Public Curator acts only if appointed or if no tutor remains. Tutorship ends on a judgment of release or the adult's death.
- Assigned
- Court (or notary under CCP art 312) institutes tutorship and appoints tutor to the person Incapacitated
- Starts
- On the judgment Incapacitated
- Ends
- Judgment of release, or expiry of the period to contest a report attesting that incapacity or need for representation has ceased Capable
- Death of the person of full age Deceased
Something missing or wrong for Canada — Québec?
Civil Code of Québec, art 268; Code of Civil Procedure, CQLR c C-25.01, art 303; Code of Civil Procedure, CQLR c C-25.01, arts 312, 315; Civil Code of Québec, arts 256-258; Civil Code of Québec, art 295
Representante del incapaz — Legal representative of a person lacking capacity
Incapacity restricts legal personality but does not remove it: the person exercises rights and takes on obligations through their legal representative.
- Assigned
- By the incapacity regime, through a legal representative Incapacitated
- Starts
- When the incapacity applies Incapacitated
- Ends
- Death of the person Deceased
Something missing or wrong for Mexico — federal law?
Código Civil Federal, art. 23; Código Civil Federal, art. 1288
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — uniform/model law + federal?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
US — Arizona differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination gives priority; a parent or spouse may also appoint by will or signed writing, subject to court confirmation Capable
- Starts
- Court appointment on clear and convincing evidence of incapacity, necessity and that no less restrictive means — including technological assistance — will serve; guardian files acceptance Incapacitated
- Ends
- Death of ward or guardian, determination of the guardian's incapacity, or substitution or resignation under §14-5307 Deceased
Something missing or wrong for US — Arizona?
A.R.S. § 14-5301; A.R.S. § 14-5304; A.R.S. § 14-5306; A.R.S. § 14-5307
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Court appoints conservator of the person for an adult unable to provide for personal needs (clear and convincing evidence) Incapacitated
- Starts
- Oath taken, bond filed if required, and letters issued; appointment not effective until letters issue Incapacitated
- Ends
- Death of conservatee (subject to wind-up duties and continuing court jurisdiction over accounts) Deceased
- Court order terminating conservatorship Capable
Something missing or wrong for US — California?
Cal. Prob. Code §1801; Cal. Prob. Code §2300; Cal. Prob. Code §2310; Cal. Prob. Code §1860; Cal. Prob. Code §2630; Cal. Prob. Code §2631
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Colorado?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Delaware?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
US — Florida differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Court adjudicates incapacity on clear and convincing evidence and issues letters stating plenary or limited powers (preneed guardian named by the ward is presumptively entitled) Incapacitated
- Starts
- Preneed guardian assumes duties immediately on adjudication and must petition for confirmation within 20 days; other guardians act on letters Incapacitated
- Ends
- Ward restored to capacity (suggestion of capacity, order of restoration) then final report and discharge Capable
- Ward dies: guardian of the person discharged on filing certified death certificate Deceased
Something missing or wrong for US — Florida?
Fla. Stat. §744.331 (2026); Fla. Stat. §744.345 (2026); Fla. Stat. §744.3045 (2026); Fla. Stat. §744.3045(7) (2026); Fla. Stat. §744.464 (2026); Fla. Stat. §744.521 (2026)
US — Idaho differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Any person interested in the alleged incapacitated person’s welfare, or that person, petitions for a finding of incapacity and appointment of a guardian, limited or general Incapacitated
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Idaho?
Idaho Code § 15-5-303 [effective until January 1, 2027]; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Court adjudges person with a disability by clear and convincing evidence and appoints limited or plenary guardian of the person; a person's prior written designation is considered but court retains discretion Incapacitated
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates adjudication or revokes letters on clear and convincing evidence of capacity Capable
- Ward dies (office terminates, subject to §24-19) Deceased
- Guardian dies, is incapacitated, resigns or is removed: successor appointed or adjudication terminated Incapacitated
Something missing or wrong for US — Illinois?
755 ILCS 5/11a-3; 755 ILCS 5/11a-12; 755 ILCS 5/11a-6; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); 755 ILCS 5/11a-20; 755 ILCS 5/24-12; 755 ILCS 5/11a-15
US — Indiana differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Court appointment on findings of incapacity or minority and of necessity (§29-3-5-3(a)), with limited guardianship preferred where it would serve the person's welfare Incapacitated
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Adjudication that the protected person is no longer incapacitated, or the death of the protected person Incapacitated
- Death: powers cease except for administration expenses, control of the body, anatomical gifts, autopsy, funeral arrangements, delivery of the remaining property, and a request for health records that itself ends 60 days after death Deceased
Something missing or wrong for US — Indiana?
Ind. Code § 29-3-5-3; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); Ind. Code § 29-3-12-1; Ind. Code § 29-3-12-1
US — Iowa differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Iowa?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
US — Kansas differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Kansas?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Kentucky?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court orders full or limited interdiction and appoints a curator; the curator's powers commence on qualification Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Louisiana?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); La. Civ. Code art. 389; La. Civ. Code art. 392; UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
US — Maine differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office; a professional evaluation is required in every adult guardianship and the report must be filed at least 10 days before the hearing Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Maine?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); Me. Rev. Stat. tit. 18-C, §5-306; Me. Rev. Stat. tit. 18-C, §5-108; UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Maryland?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court appoints after hearing, with a medical certificate examined within 30 days of the hearing or a clinical team report examined within 180 days of filing Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Massachusetts?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); Mass. Gen. Laws ch. 190B, §5-306; UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court finds by clear and convincing evidence both that the individual is incapacitated and that appointment is necessary, each supported separately on the record Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Michigan?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); Mich. Comp. Laws §700.5306; UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- A health care agent under chapter 145C ranks second in the §524.5-309 priority list, above the spouse; a spouse or parent may nominate by will or a writing executed like a health care directive Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Death of the person subject to guardianship, expiration of a duration set in the appointing order, or court order Deceased
Something missing or wrong for US — Minnesota?
Minn. Stat. § 524.5-309; Minn. Stat. § 145C.07; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); Minn. Stat. § 524.5-317
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Missouri?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Nebraska?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Superior Court determines incapacity and grants letters of guardianship Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — New Jersey?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); N.J. Stat. §3B:12-25; UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Guardian files designation of clerk (and bond if required); clerk issues commission stating specific powers Incapacitated
- Ends
- Court discharges guardian or modifies powers when the person regains capacity, dies, or guardianship no longer warranted Capable
- Death of incapacitated person: statement of death within 20 days; final report within 150 days Deceased
Something missing or wrong for US — New York?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); N.Y. Mental Hyg. Law §81.26; N.Y. Mental Hyg. Law §81.27; N.Y. Mental Hyg. Law §81.36; N.Y. Mental Hyg. Law §81.44
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Clerk of superior court appoints; the clerk, not a judge, has original jurisdiction Incapacitated
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — North Carolina?
N.C. Gen. Stat. §35A-1203; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
US — Ohio differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Probate court appoints, on its own motion or on application by an interested party, if found necessary Incapacitated
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Ohio?
Ohio Rev. Code §2111.02; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Oklahoma?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court finds incapacity on clear and convincing evidence after petition, personal service at least 20 days before the hearing, and notice in large type and simple language Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Pennsylvania?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); 20 Pa.C.S. §5511; UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
US — Texas differs from the US model
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Court finds by clear and convincing evidence that the proposed ward is incapacitated and that alternatives and supports are not feasible Incapacitated
- Starts
- Guardian qualifies (oath/declaration, bond if required) and clerk issues certificate as letters Incapacitated
- Ends
- Ward dies (guardianship settled and closed; guardian may make funeral arrangements with court approval before closing) Deceased
- Court finds full capacity, or sufficient capacity with supports and services Capable
Something missing or wrong for US — Texas?
Tex. Est. Code §1101.101; Tex. Est. Code §1105.002; Tex. Est. Code §1106.001; Tex. Est. Code §1202.001; Tex. Est. Code §1204.051
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Utah?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Virginia?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Court appoints on petition, after notice and hearing, on clear and convincing evidence Incapacitated
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — Washington?
Wash. Rev. Code §11.130.265; UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)
Guardian for an adult (personal affairs)
A person a court appoints to make decisions about an adult's personal affairs (where they live, health care and the like). The court must find by clear-and-convincing evidence that less restrictive alternatives will not work. UGCOPAA (2017) replaces the 1997 UGPPA, and the 2019 UPC still contains the UGPPA as Article V.
- Assigned
- Nomination by respondent (e.g., in a POA or health-care directive) is considered for priority, but only a court appoints Capable
- Starts
- Court order of appointment, then filing of acceptance and issuance of letters of office Incapacitated
- Ends
- Court terminates guardianship and restores rights (prima facie evidence standard) Capable
- Adult dies (stated in official comment) Deceased
- Guardian dies, is removed, or court approves resignation Incapacitated
Something missing or wrong for US — West Virginia?
UGCOPAA §309 (2017); UPOAA §108 (2006); UHCDA §7(a) (2023); UGCOPAA §301 (2017); UGCOPAA §310 (2017); UGCOPAA §108 (2017); UGCOPAA §319 (2017); UGCOPAA §319 cmt. (2017); UGCOPAA §112 (2017); UGCOPAA §318 (2017)