Enhancing Self-Determination Through Guardian Self-Declaration

Historically, there has long been protection given to adults unable to act for themselves. The guardianship of incompetent persons in the United States is heavily statutorily regulated, however, this article discusses how an incompetent person may influence the court’s selection of the person’s guardian and the effectiveness of this influence. The author discusses methods to self-designate guardians prior to incompetency, statutory fill-in forms for self-designation of a guardian, an analysis of the chance of a desired or undesired person serving as a guardian, and recommendations for self-designation of a guardian.