If you are in need of applying for guardianship of a relative or elderly person, who may be incapacitated and can no longer care for his/her own interest, the guardianship lawyer will file a petition for guardianship with the probate court. There are several steps in the proceedings before the probate court will appoint a guardian and/conservator for the elderly person.
Guardianship attorneys advise you about the type of legal and welfare decisions you can make as a legal guardian. Whether you need guidance with guardianship legal paperwork or representation once the guardian is appointed, a guardianship lawyer will advise you of your legal rights. When deciding on care for a minor or an incapacitated person, a guardianship attorney can assure you that the legal process will be thorough and correct.
For what standards are needed to appoint a guardian and conservator.
An adult who is incapacitated, which is define as unable due to any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he or she is unable to provide himself with food, clothing, financial management or other care to such an extent that physical injury, illness or disease, of financial mismanagement is likely to occur, may need a guardian (to make decision for the welfare of the ward) or conservator (to handle the financial affairs of the ward) appointed for them by the probate court.
Who can file a petition for guardianship and conservatorship?
Anyone who is an “interested person” (usually a relative or a close friend) may file a petition with the probate court. Because the appointment of a guardian/conservator for an adult will result in the loss of the ability to make many of their own day to day decisions, the court takes these appointments seriously and imposes significant responsibilities on guardians and conservators. It is important to discuss these matters with a well-qualified guardianship attorney to understand the extent of the obligation you are undertaking.
Why hire a Guardianship attorney?
When a person is incapacitated and can no longer care for their own interests, guardianship law allows the court to appoint someone to make legal and welfare decisions for them. Nursing home residents may need a general legal guardian to make all their welfare decisions for them. Guardianship lawyers advise you about the appropriate legal guardianship for your particular circumstances. They also help with guardianship forms and other legal paperwork, and represent the guardian once one is appointed.
In some situations, other family member(s) may object to a person being appointed guardian or conservator as not being the most appropriate person to serve as guardian or conservator.
It is a complicated process to file a petition for guardianship and to be appointed guardian and conservator in the probate court.