What does the term "alleged incapacitated person" refer to?

The term "alleged incapacitated person" refers to an individual for whom a guardianship proceeding has been initiated. This term is used in the context of legal proceedings regarding individuals who may not be able to make decisions for themselves due to mental or physical limitations.

In guardianship cases, the individual is considered "alleged" incapacitated because the court has yet to make a determination regarding their capacity. Until the court rules, they are afforded certain legal protections. This terminology reflects the presumption of innocence and the need for due process, emphasizing that the person has not yet been found to lack capacity.

Understanding this term is pivotal for guardianship professionals and legal practitioners as it underscores the importance of the legal process in determining an individual's capability and ensures that individuals are treated fairly and justly throughout the proceedings before any decisions are made regarding their autonomy or guardianship.