The procedure or process for becoming a legal guardian first requires a determination as to whether the alleged disabled person needs guardianship of the person or of the property or both, – more often it is both. A petition for guardianship needs to be filed in the circuit court for the county in which the alleged disabled person resides, supported by two physician’s certificates verifying the cause, nature and scope of the incapacity in conformity with court rules. Various other documents needs to be filed and the appropriate parties served. Then the case is set in for a hearing. Prior to the hearing, shortly after the case is filed, the court appoints an attorney to represent the interests of the alleged disabled person, who investigates and files a written report with the court. The court may or may not require the petitioner to testify. The appearance of the alleged disabled person often is waived. The court determines whether bond is needed and if so how much. After a guardian has been appointed, the guardian must attend a court sponsored seminar on the duties of a guardian. A fiduciary report needs to be filed with the court after the hearing and annually thereafter providing a detailed accounting of the disabled person’s assets and income, duly verified.
Contact us now to inquire about your guardianship rights.