Guardianship-Chapter 6

A court procedure to appoint a guardian may be needed if you become incapacitated. However, guardianship may be avoided by giving an agent authority to act for you in a Power of Attorney. An agent of your choice can then make necessary health and financial decisions instead of a court appointing a guardian to help.

A person seriously worried about your welfare could petition the court to appoint a guardian if it is believed you are incapacitated. The court looks into the matter, first directing a qualified person to act as visitor to interview the petitioner, you and others involved. The visitor reports to the court. The court may also require that you be examined by a physician or psychologist.

The petitioner has to prove that there is no better way to deal with your situation. If the court does find that you are incapacitated and an appointment is necessary to provide you with continuing care and supervision, a guardianship will be established.

The law requires that the Order specifically outline the duties and responsibilities of the guardian. If the court Order directs, the guardian can control where you live and consent to any necessary medical or professional care and treatment. If there is no separate conservatorship, the guardian may have control over your money and tangible property use for your support and care.

The guardian’s responsibility for you ends when you die or it is shown to the court that you are no longer incapacitated.