Guardianships

A Guardianship is a type of hearing typically held in probate court to determine who should be the legal guardian of an individual. It may be a "minor" guardianship, as is the case with someone younger than 18 years old, or an "adult" guardianship, as is the case with someone 18 years or older. In either case, it is almost always necessary to go to court in order to finalize a guardianship.

Goal of the Court

The main thing to remember in guardianship hearings is that the court's primary goal is to look out for the best interests of the "ward," which is the person in need of a guardian. It is common for the court to assign a "guardian ad litem" to the ward for the process. A guardian ad litem is an unbiased attorney tasked with looking out for the best interests of the ward, and is often paid by the state.

The court will of course also look to whether the ward needs a guardian at all, and if so, for what duration of time. With minors, the guardianship is often only in place until the child reaches the age of 18. With adults, it might be temporary due to a particular condition the ward is suffering from at a given moment. However, with adults in particular, a guardianship can be more permanent in nature if the ward suffers diagnosed mental or physical disabilities requiring ongoing care.

Finally, the court will interested in learning about the proposed guardian. It wants to make sure that, in acting in the best interests of the ward, the proposed guardian is physically, mentally, and financially fit to be the guardian. The court also considers the relationship the proposed guardian has with the ward, as well as their criminal background, and any other potentially suitable choices for a guardian.

What to Expect

Before meeting with us to pursue appointment as a guardian, collect anything relevant you may have, including existing guardianship papers, social security or other disability information, and any physician or facility papers recommending a need for guardianship. Be prepared to discuss your relationship with the person needing guardianship as well as your relationship with other family members and interested parties.

If satisfied we can aid you in accomplishing guardianship, we file a petition with the court requesting your appointment. The court will have at least one and sometimes multiple hearings to determine whether there is need for a guardianship and whether you are a suitable choice. The court and all involved attorneys, including both our firm and the court-appointed guardian ad litem, will ask questions of you and other parties such as family members and physicians at the hearings.

Upon hearing all parties, as well as recommendations of any physicians and guardian ad litem, the court will determine whether there is need of a guardianship and if so, who it should be. Most of the time, the proposed guardian is appointed. However, a public administrator might be appointed instead if the court does not believe the proposed guardian is a good choice, if there is too much disagreement among the family or parties, or if it is not clear what is in the best interest of the ward.