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Judges must make decisions regarding the need and extent of a guardian for incapacitated individuals. Guardianships assist such persons in meeting the essential requirements for their physical health and safety, in protecting their rights, in managing their financial resources, and in developing or regaining their abilities to the extent possible. The court will appoint an attorney for each person alleged to be incapacitated; however, the individual may substitute his or her own attorney. The probate process involves collecting a decedent's assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. These activities are carried out by the executor of the estate. |
