Individuals who do not have the capacity to make and communicate important decisions about their personal and financial affairs may require the assistance of a legally appointed decision maker, a guardian, to help them exercise their rights. The guardian must allow the individual the opportunity to participate, as fully as possible, in all decisions affecting them.
In order to make decisions based on what the individual would decide the guardian should seek information from the individual, the individual's family, friends, or a type of legal document such as a Living Will or Healthcare Power of Attorney.
A person who has been declared incompetent can have their guardianship reversed and be restored to competency. The person who has a guardian, the guardian, or any other interested person can ask the Clerk of Superior Court to re-open the case. This is done by filing a written motion or petition with the clerk's office.
The individual petitioning for the restoration is entitled to be represented by counsel, or if they are financially unable, a guardian ad litem can be appointed to represent them in the hearing. In order to be restored to competency the individual must prove that he or she is able to manage their own affairs and make and communicate important decisions concerning their self, family, and property.