What is Guardianship?
A guardianship is an extraordinary legal proceeding where the court appoints a guardian to make decisions on behalf of an incapacitated person, known as the “ward.” This is necessary when the ward is unable to make their own decisions due to incapacity, and there are no other less restrictive alternatives to allow others to make decisions for the ward. Each state has different requirements for the parties in a guardianship and give them different titles. It is important to consult an elder law attorney in your area for more state specific information about guardianship.
The Petitioner
The petitioner is the person who initiates the guardianship by filing a petition with the court. This person can be many different people, including family and friends. They must provide evidence to the court demonstrating that the ward is incapacitated and needs a guardian.
The Court-Appointed Attorney
The court-appointed attorney is exactly what it sounds like! Its an attorney appointed by the court to represent the ward’s expressed interest. This attorney advocates on behalf of the ward and represents to the court what the ward wants out of the proceedings. Not every state requires a court-appointed attorney.
The Ward
The ward is a person who is the subject of a guardianship proceeding. The ward’s best interests are the primary concern throughout the process. A guardian is appointed if the court finds that the ward is incapacitated pursuant to the state’s guardianship laws.
The Guardian
A guardian is the person who is appointed by the court to make decisions on behalf of the ward, after the ward has been found to be incapacitated pursuant to the state’s guardianship laws. A guardian’s responsibilities can vary widely depending on the specific circumstances of the case. They can include making decisions about the ward’s personal care, managing the ward’s finances, and making a variety of other legal and personal decisions. Sometimes, the guardian and the petitioner are the same person. In some states, a guardian of the property is referred to as a conservator.
The Guardian’s Attorney
The guardian’s attorney helps the guardian navigate the guardianship. Some states require a guardian to hire and retain an attorney for the duration of the guardianship. The guardian’s attorney helps with written reports and helps the guardian perform their complex set of duties.
The Court
The court is the legal entity that oversees the guardianship proceeding and makes decisions regarding the ward’s capacity. The court reviews the evidence and determines whether a guardianship is necessary, issues the orders appointing a guardian, and monitors the guardian’s performance.
Seeking Legal Guidance? Contact Us Today
If you or a loved one believe that guardianship may be necessary, it is strongly recommended to consult with an elder law attorney in your local area. They can provide personalized guidance and ensure that all legal requirements are met. To learn more about how our firm can assist you with guardianship matters, please call (850) 894-0152.