When a person has lost their ability to make and communicate healthcare and financial decisions for themselves due to a mental, physical or developmental disability and they have not already executed power of attorney documents, then a judge can appoint a guardian to make important decisions for them. The person that wants to be appointed as guardian must petition the court and set up a hearing date. They are petitioning the court to be allowed take control the disabled person’s financial and/or health related affairs. A guardian ad litem is often times appointed to investigate the circumstances surrounding disabled person’s situation. The guardian ad litem will file a report with the judge based on their investigation. A physician will be asked to write up a medical evaluation report for the disabled individual. The medical evaluation will be sent to the judge and the judge will review the report.
At the hearing the petitioner will present their case to the judge and tell the judge why they should be appointed as guardian. If possible the disabled individual will attend the hearing. The judge will talk to the disabled individual and ask them for their input. The guardian ad litem will present their recommendations. Then the judge will ultimately decide whether or not to appoint the petitioner as guardian.
There are different types of guardianship. There is what guardianship of the person, guardianship of the estate and plenary guardianship (guardian of the person & the estate.) In the event that the petitioner is named as guardian of the person, then the guardian is put in charge of making the disabled person’s health related decisions. The guardian will be allowed to make decisions regarding living arrangements, social activates and other needs. The court will supervise the guardian’s actions to safeguard the disabled person. In the event that the petitioner is named as guardian of the estate, then the guardian is put in charge of the disabled person’s finances. The court will monitor how the disabled individual’s finances are being utilized. In all cases the guardian will be required to do what is in the best interest of the disabled person. We assist our clients in obtaining guardianship for their loved ones that are in need of these services.
Here is our process:
* You click on the contact button and then either call us or send us an e-mail.
* We talk to you to gain a basic understanding of your unique situation and concerns.
* We determine if we think we can assist you with your situation and concerns.
* We schedule an appointment for you.
* We tell you what to bring to your appointment.
* We meet with you to discuss your situation in more detail (the meeting will last approximately one hour).
* We review information that you bring to your appointment.
* We evaluate your situation and discuss your legal options.
* We discuss the cost for our services.
* We determine the next steps.
For more information please call our office at 847-430-3652, email me below or submit a contact us form (Click Here)
