Call or email to schedule an appointment: (480) 348-1590 / info@kilelawfirm.com
Call or email to schedule an appointment: (480) 348-1590 / info@kilelawfirm.com
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:
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:
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.
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