What happens at a guardianship hearing?
The court will set the matter for hearing, often before a magistrate instead of the judge. If everyone is in agreement that the guardianship is needed, or if no one appears to object, then a letter of guardianship is awarded. If anyone objects, including the person who would receive the guardian, then the hearing becomes more like a trial where witnesses will be examined and cross-examined. The proposed ward has the right to object to having a guardian appointed for him or her and has several other due process rights, including these: • The right to be present during the hearing; • The right to have an attorney represent him or her, even if he or she cannot afford one; • The right to have the court appoint an attorney at no cost if he or she can not afford one; • The right to prevent his or her personal physician and certain other parties from testifying against him or her; and • The right to have an independent evaluation.
