What is a Guardianship?
A Guardianship is a protective arrangement established
by a court in which an individual is declared mentally incapacitated and a
guardian is appointed to manage their personal and financial affairs.
How is a Guardianship
established?
The individual seeking to be
guardian must acquire certifications from two physicians which state that the
proposed ward is unfit and unable to govern him or herself and manage personal,
medical and financial affairs. A complaint is filed with the court as well as an
affidavit, which describes the income and assets of the proposed ward. Prior to the court hearing, the proposed
ward and immediate family must be served notice, and an attorney will be
appointed to represent the proposed wards interests. If there is no contest, a guardianship
will established on the hearing date.
Once appointed, can a guardian
do anything they want to assist the ward?
In general, a guardian can
handle the daily affairs of the ward, including making routine medical decisions
and handling payment of bills.
However, courts frequently require that the permission of the probate judge be
sought in order to sell a wards residence or to make gifts from the wards
assets.
Is a guardian personally
liable for the ward?
No. The guardian is not
liable for the acts or debts of the ward solely by becoming a guardian. However, the guardian will only become
responsible if he or she grossly mismanages or steals the wards assets.
Is the guardian compensated
for his or her efforts?
A guardian does receive
compensation for the services that he or she renders. The compensation is typically based on
the amount of assets owned by the ward and is calculated on an annual basis. In addition, the guardian is entitled to
reimbursement for reasonable expenses incurred in the discharge of his or her
duties.
Last revised: October 15, 2001
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