Guardianships
Once you are named as guardian, you can be confident that you will be able to provide care for your ward for years to come.
Once You are Appointed Guardianship:
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If appointed, the guardian ad litem will meet with the allegedly incapacitated person, inform that person of his or her legal rights, and report back to the court on the person's wishes.
The guardian ad litem may also speak to the petitioner, to health care providers, and to other interested individuals in order to provide the court with full information about the allegedly incapacitated person's condition and prognosis.
Depending upon state law, the court may appoint a doctor or professional to examine the allegedly incapacitated person. If the person contests the appointment of a guardian, a trial is scheduled during which sworn testimony will be given, and at the conclusion of which the judge will decide if the petitioner met the requisite burden of proof for the appointment of a guardian.
The allegedly incapacitated person is ordinarily entitled to appointed counsel, if unable to afford a private attorney.
If the allegedly incapacitated person consents to the petition or is unable to respond to inquiries due to disability, the court will hold a hearing at which witnesses will provide sworn testimony to support the allegations in the petition. If the evidentiary basis is deemed sufficient, the guardian will be appointed. If a guardian is appointed, the judge will issue the guardian legal documents (often called "letters of authority") permitting the guardian to act on behalf of the legally incapacitated person.
What's the purpose of court supervision?
The court supervises the guardian's choices on behalf of the ward. After the initial appointment of a guardian, an initial review is usually scheduled, followed by annual reports by the guardian to the court.
The purpose of this supervision is to ensure that the legally incapacitated person is in fact benefiting from the most appropriate, least restrictive living environment possible, with appropriate food, clothing, social opportunities, and medical care.
"I want to thank you for resolving my issues in the guardianship of my husband.
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You quickly got things done, and I am grateful for
the care and concern that you have shown me.
Thanks again Matthew."
RAPHAN LAW
PARTNERS, LLP