Legislative findings and purpose

§ 81.01 Legislative findings and purpose.\n The legislature hereby finds that the needs of persons with\nincapacities are as diverse and complex as they are unique to the\nindividual. The current system of conservatorship and committee does not\nprovide the necessary flexibility to meet these needs. Conservatorship\nwhich traditionally compromises a person's rights only with respect to\nproperty frequently is insufficient to provide necessary relief. On the\nother hand, a committee, with its judicial finding of incompetence and\nthe accompanying stigma and loss of civil rights, traditionally involves\na deprivation that is often excessive and unnecessary. Moreover, certain\npersons require some form of assistance in meeting their personal and\nproperty management needs but do not require either of these drastic\nremedies. The legislature finds that it is desirable for and beneficial\nto persons with incapacities to make available to them the least\nrestrictive form of intervention which assists them in meeting their\nneeds but, at the same time, permits them to exercise the independence\nand self-determination of which they are capable. The legislature\ndeclares that it is the purpose of this act to promote the public\nwelfare by establishing a guardianship system which is appropriate to\nsatisfy either personal or property management needs of an incapacitated\nperson in a manner tailored to the individual needs of that person,\nwhich takes in account the personal wishes, preferences and desires of\nthe person, and which affords the person the greatest amount of\nindependence and self-determination and participation in all the\ndecisions affecting such person's life.\n