Guardianships

Any adult may file a petition seeking that another person’s incapacity be determined.  However, they must submit facts to the court that form their belief that the person is incapacitated.

After someone files a petition with the court questioning a person’s mental capacity, the court appoints a committee. This committee typically consists of two physicians and another person who is qualified to report their findings. Each person must submit their own report to the court which must include the following:

• A physical examination.
• A mental health examination.
• A functional assessment

After reviewing the submitted reports,  if the court finds the person to be incapacitated, a guardian is typically appointed.

An attorney represents the person who is alleged to be incapacitated.

Any adult who can carry out the duties can be a guardian. A charity or religious entity can also be a guardian as can a bank, except only for uardian of the property.

When you do your estate planning, it is helpful if you appoint a preneed guardian since the court will give consideration to your wishes if you ever are in the position of being alleged incapacitated.

A guardian can be appointed over property or the person. A guardian over property manages the incapacitated person’s property and investments.

A guardian over a person manages the person’s medical, mental and personal care such as deciding on the residential setting for the incapacitated person.