What is guardianship and when is it needed?
A guardian is needed when a person cannot manage his or her own affairs or care for himself/herself because of a mental or physical condition. A petition must be filed with the court requesting the appointment of a guardian. Medical evaluations by two physicians are necessary to establish the person’s condition. Notice is given to all next of kin who have a right to participate in the proceedings. The Court will appoint an attorney to represent the proposed incompetent person who will prepare a report to the court. A judge will hold a hearing to determine if a guardian should be appointed and who the guardian should be. Once appointed, the guardian must post a bond. Q: What authority does a guardian have? A: Unless limited by the court, the guardian has total control over the finances and the personal decisions of the incompetent. This includes deciding where he or she will live, how his or her funds will be spent and making routine medical decisions. For medical decisions regarding ex
