Introduction:

In order to discuss guardianship the concept has to be explained.

Throughout history there have always been people who were disabled and needed help to make their way in society.     Some of these people were born disabled, and others developed their disability as the result of some environmental problem such as an accident, or because of illness, or old age, or some other situation.     The solutions that various civilizations came up with varied from killing the disabled off, benign neglect, and/or providing aid to these people so that their lives were rich and fulfilling.    American has chosen to do the latter.    In pursuance of assisting the disabled to continue living life to the fullest Congress and the State Legislatures adopted the English Law concept of parens patrie.

Society thus assumed responsibilities for making certain that every person (and particularly citizens) was able to enjoy…