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Imagine an adult child is given guardianship over his/her senile parent. Can the adult child force the parent to see a doctor against the parent's will?

Bob
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1 Answers1

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Imagine an adult child is given guardianship over his/her senile parent. Can the adult child force the parent to see a doctor against the parent's will?

Yes. A court appointed guardian can almost always force a parent-ward to see a doctor against the parent's will. (The term "ward" means a person over whom a guardian has authority.)

A court has the authority to enter a guardianship order that specifically deprives a guardian of that power, but grants other powers over the person of the ward but this almost never, if ever, happens.

Also, keep in mind that courts can appoint "conservators" for people who are incapacitated to some extent, which gives the conservator authority over the protected person's property but not over their person.

The unqualified term "guardian" however, in contrast, for example, to a "guardian ad litem" who only looks after a person's interests in connection with a particular court case, has authority over the person and physical well begin of the ward.

Finally, it is worth noting that a medical power of attorney agent of a person is not a guardian of a person and does not have this authority without being appointed as a guardian of the person by a court.

ohwilleke
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