“…A legal guardianship may be legally created following a court hearing when an individual is determined as lacking the capacity to understand relevant information and making the decisions necessary to take care of their essential needs (American Bar Association, 1996). However, in the United States, 15 states included the simple presence of “advanced age” (or some medical disease) as a premise for determining the individual's competence without consideration of actual limitations (Anderer, 1990)—thus increasing the risk of unfairly limiting the older adult's independence (as concluded by Yury, Gentry, LeRoux, Fisher, & Buchanan, 2004, in a review of this literature). Guardianships are created for an incapacitated individual's protection; however, they also remove all legal rights from that person (e.g., the right to marry, make health care decisions, the right to make gifts) as well as personal rights (e.g., living arrangements, lifestyle, and personal decisions).…”