When the Probate Court appoints The Arc as legal guardian, staff are named as agents to provide the guardianship services. As legal guardians, Arc professionals act on behalf of individuals who have been declared "incapacitated." Guardianship services include, but are not limited to:
Evaluation of client needs and services;
Attendance at all Individual Plan and special staffings;
Approval of the Individual Plan;
At least one monthly visit;
Emergency services;
Consent for medical treatment;
Annual report to Probate Court.
The law presumes a person to be competent at age 18. Whether or not an adult with mental retardation needs a guardian poses a serious question. For people who are not capable of making serious decisions about their own well-being, the Guardianship Program offers both protection and enhancement of individual rights.
The Arc does not duplicate services other agencies are required to perform, but works cooperatively with local service providers.
