What happens next
- Describe the practical problem, such as managing benefits, maintaining housing or consenting to necessary care. Review current powers of attorney, existing supports and supported decision-making options.
- If an application is appropriate, discuss the requested scope, medical evidence and required notices. The proposed ward has a voice in the proceeding and counsel represents that person’s interests.
- At the hearing, the court considers capacity, alternatives and who should serve. An appointed guardian must qualify, follow the order and complete the ongoing reports or accounts that apply to the role.
Timing and deadlines
Medical documentation, service, court appointments and hearing availability affect timing. Tell counsel immediately about a specific imminent danger or pending decision so they can evaluate time-sensitive options. Permanent guardianships also carry ongoing annual duties.
Costs and payment
Ask about filing and service, medical evaluations, court-appointed counsel, any required bond and continuing reporting costs. Who pays can depend on the order, the estate and the case.
How to prepare
- List day-to-day abilities and specific incidents, dates, existing supports, treating providers and any current legal authorizations. Include what the person wants.
- Bring contact information for close family, proposed guardians and alternatives. If the issue concerns a minor, tell the office the child’s age and any existing custody order.
Questions and answers
Is a diagnosis enough to appoint a guardian?
The court examines how the person functions, which decisions require help and whether supports or a narrower arrangement would work. Specific examples of abilities and difficulties help counsel prepare for that inquiry.
What is the difference between guardian of the person and guardian of the estate?
The first concerns personal decisions such as living arrangements and care. The second concerns assets and finances. The court order sets the precise authority, and the duties and annual reporting differ.
Can someone help me compare options while I keep making my own decisions?
Ask about supported decision-making and other assistance matched to the specific task. For example, someone might help you understand a bill or attend an appointment while you decide what to do. Describe the support you want and the decisions you already manage.
Will the court hear the wishes of the adult whose guardianship is requested?
The proposed ward has rights in the proceeding, including legal representation. Let counsel know how the person communicates and what language, accommodations or other support would help the person participate meaningfully.
If appointed, what would I have to do every year?
Read the appointment order and ask for the court’s reporting calendar. A guardian of the person may report on living arrangements and care. A guardian managing property may need to submit an annual account supported by financial records. Ask which duties apply to your appointment.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.