Guardianships for Incapacitated Individuals

Posted October 9, 2023

  • Guardianships for Incapacitated Individuals

When taking care of a loved one who is dependent, or incapacitated, it can be difficult to look out for their best interests when legal hurdles are in the way. Becoming the Guardian of an incapacitated individual can alleviate several legal impediments, which allow you to act on behalf of your loved one who cannot act on his or her own. Below is the general process for obtaining guardianship of an individual when they are unable to independently care for themselves. However, obtaining a guardianship appointment is no small task. Therefore, it is crucial to understand the process necessary for appointment as a guardian.

Preparing the Guardianship Application:

A Guardian cannot be appointed if there is no reason for one to exist. An attorney will be able to determine if you have a case for obtaining guardianship. Included in establishing a need for guardianship, a medical evaluation may be deemed necessary by the Court to determine that the alleged incapacitated person is indeed not fit to make decisions in their own best interest. Each Court has its own unique process for filing a guardianship application. Therefore, it is best to consult with an attorney before proceeding further.

Notice and Appointment of Representation:

When a guardianship proceeding is occurring, notice must be given to the alleged incapacitated person, as well as any other person that may be deemed an interested party (such as the individual’s close relatives). These notices must inform all involved parties that an application for guardianship has been filed and any pending court dates. Additionally, the court may appoint a lawyer to represent the alleged incapacitated person.

Attending Court and Presenting Evidence:

Along with your attorney, you will be tasked with proving that there is a need for a guardianship to be in place. Once all of the evidence has been provided, the Court will make a decision on whether to appoint a guardian.

Obtaining the Court Order:

If it has been determined that a guardianship is necessary and your training and background checks have been completed, the Court will issue an Order, which officially appoints you as guardian.

The process of obtaining guardianship may seem like a lot, but you do not need to endure it alone. Contact me and we can discuss a strategy that helps bring comfort to you and your loved ones.

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