Guardianship

A guardianship is a legal process, usually a court proceeding, which designates another as the guardian of the estate of or the guardian of another person. Generally, a guardian will be appointed by a court after a hearing is held to determine whether one is necessary. Establishing a guardianship is often challenging for clients and family members alike, and those challenges can escalate into court actions to contest the guardianship.

Applying for Guardianship

This firm can guide you through this difficult process to protect your loved one’s interests. The process involves many steps:

  • An applicant, usually a family member, files an Application for Appointment of Permanent Guardian, in the county where the proposed ward lives.
  • The applicant must provide proof of a thorough examination of the proposed ward by a qualified doctor or psychologist within the past four months. The doctor or psychologist may be asked to testify, but their testimony in court is generally not necessary.
  • The application is required to include identifying information for the proposed ward and proposed guardian, as well as information as to how they are related.
  • The application is also required to specify whether guardianship is to be of the person or the estate, or both, the reason guardianship is being sought, the length of time of the guardianship, the value of the proposed ward’s estate, the name and address of any person holding a power of attorney of the proposed ward, and a description of the type of power of attorney. If the proposed ward is over 60, the names and addresses of the proposed ward’s next of kin must also be provided.
  • After the Application is accepted, citation will be served on the proposed ward in person.
  • The court may choose to appoint a court investigator to meet with the proposed ward, his or her family, and anybody else required to determine if guardianship is appropriate.
  • If the court's investigator finds the application has some merit, an attorney-ad-litem will be appointed as an advocate for the proposed ward and to conduct further investigation.
  • A court hearing will be set, which all interested parties must attend unless the court decides otherwise. The proposed ward is entitled to request a jury trial and any person who does not have an adverse interest may contest the guardianship, including the proposed ward.
  • At the hearing, the ability of the proposed ward to take care of his or her own personal needs and physical health and to manage his or her own property and financial affairs will be determined by the court.
  • Before awarding guardianship, the court must find that the proposed ward is incapacitated, that it is in his or her best interest to appoint a guardian, and that the person who is appointed to serve as guardian is eligible and qualified to serve.
  • If the court finds that the proposed ward is incapable of caring for him or herself or managing property, it appoints a guardian with limited powers.
  • Otherwise, the court appoints a guardian with full authority, gives directions to the guardian regarding the appraisal of the ward’s assets and specifies the amount of the bond, which is an insurance policy to protect the assets of the ward.
  • Letters of Guardianship are issued by the county clerk as evidence of the authority of the guardian to act on behalf of the ward. Letters expire 16 months after the date of issue.
  • The guardian may renew the Letters of Guardianship after filing an annual report.

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