Getting a Guardianship
When a person can not make decisions for himself, for health care or financial matters, someone needs to assume responsibility for that persons' affairs. If there is in place a durable power of attorney or health care proxy, the agents appointed by those documents may assume responsibility. However, where the person failed to sign powers of attorney, or if the powers of attorney were done incorrectly, or if the family has started to fight and the power of attorney seems helpless, then the court is asked to appoint a legal guardian.
To start the guardianship, someone must file a petition for guardianship. That will describe the purported management needs of the alleged incapacitated person ("AIP"), which are not being addressed adequately. The AIP must be notified that a petition has been filed with the court; the AIP has the right to participate in the guardianship process including the public hearing; and the AIP may be entitled to a court appointed attorney if unable to afford to hire an attorney.
At a hearing, the judge will review information received and testimony given. Then the judge will make the final determination as to the nature and extent of the person's incapacities and needs. If the AIP needs a guardian, the judge will name the guardian and authorize the guardian to provide the necessary assistance and support.