What is the Process to Get a Guardian appointed?

Generally, assessments of the client need occur as part of the planning process, and a decision is made about who will serve as the Guardian. A petition will be prepared and signed by someone alleging incapacity, and the need for guardianship or conservatorship; it is then filed with the county court. Generally this process requires an attorney chosen by the petitioner or the proposed guardian. Notice is given to all interested parties. This may include immediate family members of the proposed protected person, the proposed protected person's attorney, and their medical and mental health providers. There is a waiting period, during which anyone with objections to the proposed guardianship may file objections and request a hearing. Also during this time, an independent court visitor evaluates the need for the guardianship and the suitability of the proposed guardian, and makes a report back to the court. If a hearing is requested, evidence will be presented as to the need for guardianship. The proposed protected person is usually represented by an attorney during a hearing process. In the hearing, the petitioner must clearly demonstrate to the court that the individual lacks the ability to make informed consent and has a decisional incapacity resulting in the need for a guardian. The final decision will be made by the court as to whether there will be a guardian, who it will be, and what the scope of the authority of the guardian will be.