If a person is unable to manage his or her own affairs due a loss of or lack of capacity for whatever reason, whether accident, illness, disability or otherwise and no-one holds a Power of Attorney to act on his or her behalf, a Guardian may be appointed by the Court. Once appointed, the Guardian will be able to make decisions on behalf of and manage the affairs of the incapacitated person.
A Guardianship Order can be in relation to property and financial matters and/or welfare issues.
The person appointed as a Guardian can be either a private individual such as a family member or friend, or someone in a professional capacity. In certain circumstances, more than one Guardian can be appointed.
The appointment of a Guardian involves a Court process which should be conducted after obtaining professional advice.