Guardianship

Guardianship is the appointment by a court of an individual or entity to make decisions for an incapacitated adult. Most adults can make their own decisions even if they are not good decisions, but an adult who has a condition that causes significant impairment in decision making is considered "incapacitated". That adult cannot make or communicate reasonable decisions about their daily needs, housing or healthcare. The law refers to an incapacitated adult as the "ward". However, this is not a term most people like for their loved ones so we will use the term Protected Person.

A Guardian can be any adult, but the law creates a list of priorities, such as a parent, spouse, or relative. If a family member is unable to serve, a licensed fiduciary (a licensed professional) may serve as Guardian.

The Court Process

In order to be appointed you must:

• Not have a felony conviction
• Obey all court orders
• Make sure the Protected Person is in the least restrictive environment where the person is safe
• Encourage the Protected Person to maximize his/her independence

Attorney for the Protected Person

An attorney will be appointed for the proposed Protected Person by the Court. Do not find an attorney on your own- the court has a process for appointing an attorney.

Court Investigator

This person works for the court and you do not select them. The attorney and court investigator will meet with the proposed Protected Person to determine:

• Does the person need a Guardian?
• How much can the person participate in the proceedings?
• Do they agree to have a Guardian appointed?
• Is the person willing to allow the Petitioner to be the appointed Guardian or do they want to nominate someone else?

After all of the above happens there will be a court hearing for the appointment and you will have to give sworn testimony. These hearings are relatively informal.

Once you are appointed you will have some on-going responsibilities to the court.

• File an annual report of guardian with a physician's report
• If you change your address notify the court within 10 days
• Should the Protected Person's permanent address change notify the court within 3 days