GUARDIANSHIPS
A Guardianship is a court proceeding initiated by an interested person or family member for an individual to determine incapacity. A guardianship is initiated by filing a petition with the court supported by a medical opinion.
An incapacitated adult is defined as one who is unable to effectively receive or evaluate information or both or make or communicate decisions to such an extent that the individual lacks the ability to satisfy essential requirements for physical health, safety, or self-care, even with appropriate and reasonably available technological assistance.
Proper notice must be given to interested persons prior to the hearing, this includes the proposed incapacitated person and his or her closest relatives.
The authority granted to a guardian may be unrestricted or limited by the court. The guardian has a fiduciary duty to act in the best interests of the ward at all times. After the guardian is appointed, reports must be filed annually or as directed by the court order. Upon the court's determination of incapacity and the appointment of a guardian, the "respondent" will be referred to as a "ward".
Guardianship proceedings are often avoided when an individual has a Healthcare Power of Attorney. If a guardianship is still necessary, the agent nominated in the power of attorney has priority to seek court appointment as the legal guardian of the ward.
The guardianship will terminate on the death of the ward or when the incapacity has ended. The guardian must notify the court in the event of the death of the ward. When the incapacity has ended, either the ward or the guardian may petition the court to terminate the guardianship proceedings.