If an elder has not planned for incapacity by obtaining a Durable Power of Attorney for Health care and a Durable Power of Attorney for Property prior to becoming incapacitated, Guardianship is necessary to protect the elder’s finances and to make sure his or her personal and medical needs are met. There are some alternatives to guardianship and a few different types of guardianship that may be better suited for an elder who has partial incapacity. A physician’s report will ultimately be the determining factor guiding the court ‘s decision in determining the type of Guardianship and whether Guardianship is necessary for the alleged ward. The Guardian for the Person is usually a family member and the Guardianship for the Estate of the alleged ward is often a family member, trusted friend or financial institution. The process for petitioning for Guardianship involves giving the alleged ward proper notice along with a declaration of their rights, including the right to contest the Guardianship in a legal proceeding with legal counsel.