Section 81.01. Legislative findings and purpose  


Latest version.
  • The   legislature   hereby  finds  that  the  needs  of  persons  with
      incapacities are as diverse and  complex  as  they  are  unique  to  the
      individual. The current system of conservatorship and committee does not
      provide  the  necessary flexibility to meet these needs. Conservatorship
      which traditionally compromises a person's rights only with  respect  to
      property  frequently is insufficient to provide necessary relief. On the
      other hand, a committee, with its judicial finding of  incompetence  and
      the accompanying stigma and loss of civil rights, traditionally involves
      a deprivation that is often excessive and unnecessary. Moreover, certain
      persons  require  some  form of assistance in meeting their personal and
      property management needs but do not require  either  of  these  drastic
      remedies.  The legislature finds that it is desirable for and beneficial
      to persons with  incapacities  to  make  available  to  them  the  least
      restrictive  form  of  intervention  which assists them in meeting their
      needs but, at the same time, permits them to exercise  the  independence
      and  self-determination  of  which  they  are  capable.  The legislature
      declares that it is the purpose  of  this  act  to  promote  the  public
      welfare  by  establishing  a guardianship system which is appropriate to
      satisfy either personal or property management needs of an incapacitated
      person in a manner tailored to the  individual  needs  of  that  person,
      which  takes  in account the personal wishes, preferences and desires of
      the person,  and  which  affords  the  person  the  greatest  amount  of
      independence   and  self-determination  and  participation  in  all  the
      decisions affecting such person's life.