Which statement about guardianship for an incapacitated older adult is correct?

• A. The guardian is appointed by the hospital
• B. The guardian is appointed by a judge
• C. The guardian is selected by the family
• D. There is no guardian

Answer: (B)

Guardianship is a legal protection arranged through the court, not something a hospital can appoint. When an older adult is incapacitated and cannot make essential personal or financial decisions, a judge oversees a guardianship proceeding. The judge reviews medical assessments and hears evidence, then decides who will be the guardian and what powers are granted, aiming for the least restrictive arrangement that protects the person’s welfare and rights. Family members can petition or nominate someone, but the final appointment rests with the court. There are also alternatives, like durable powers of attorney for health care and finances, which can govern decisions if already in place. Without a court-appointed guardian or an existing valid directive, decisions cannot be legally made by family alone.