How is the decision made that a person needs a guardian?
A. The process varies among the states, but in general it involves these steps: Someone petitions the appropriate court to declare the person in questions incapacitated and to appoint a guardian. The alleged incapacitated person and certain family members are notified about the petition and hearing. The person is examined to assess capacity, usually by a doctor, psychologist or social service provider, or some combination of them. In some states, a “guardian ad litem” or “court visitor” also meets with the alleged incapacitated person, acting as the “eyes and ears of the court,” and makes a report to the judge. A hearing is held, and the judge determines whether a guardian is necessary.
Related Questions
- What if a pupil aged over 11 has Special Education Needs or may not be competent to make the decision on their own ethnic group?
- If the ward needs to move out of Black Hawk County, will Permanent Planning, Inc. continue to serve as guardian?
- Does NHS-funded nursing care cover the entire cost of a person’s healthcare needs?
