GUARDIANSHIP
Guardianship is a Court proceeding where a family or perhaps a close friend Petitions the Court by Order to Show Cause to be appointed as the Guardian of a person who no longer has capacity to make their own decisions. The Court refers to this person as the AIP-Alleged Incapacitated Person.
The Court will appoint a Court Evaluator to prepare a report on the circumstances, medical information and capacity of the AIP. The Court Evaluator is deemed the "eyes and ears of the Court" in the capacity, and will conduct interviews of all relevant parties which include the AIP, his/her/their family, medical professionals, social workers, friends, and any other relevant party.
The Evaluator's Report will be read into the record during the Guardianship Proceeding, and the Judge will use this report to inform themselves of the facts and circumstances of the AIP.
At the conclusion of the Guardianship proceeding, the Court will issue a Commission to appoint the Guardian, and depending on the circumstance, will make all property and personal management decisions for the incapacitated person.
The Guardian is required to file annual reports to the Court, which includes an accounting of the incapacitated person's resources used by the Guardian. This process provides oversight of the Guardian to prevent financial abuse.
The Court will appoint a Court Evaluator to prepare a report on the circumstances, medical information and capacity of the AIP. The Court Evaluator is deemed the "eyes and ears of the Court" in the capacity, and will conduct interviews of all relevant parties which include the AIP, his/her/their family, medical professionals, social workers, friends, and any other relevant party.
The Evaluator's Report will be read into the record during the Guardianship Proceeding, and the Judge will use this report to inform themselves of the facts and circumstances of the AIP.
At the conclusion of the Guardianship proceeding, the Court will issue a Commission to appoint the Guardian, and depending on the circumstance, will make all property and personal management decisions for the incapacitated person.
The Guardian is required to file annual reports to the Court, which includes an accounting of the incapacitated person's resources used by the Guardian. This process provides oversight of the Guardian to prevent financial abuse.