June 29, 2021
Family Law Attorney
Guardianship is the appointment of a person by the court to exercise control or part of all of an individual person or property. The court is going to appoint someone to be your guardian when you are found to lack the capacity to take care of yourself and cannot exercise control over your property or yourself. The person who is going to be appointed by the court to care for somebody in the situation is referred to as a guardian. The person who lacks capacity is referred to as the alleged incapacitated person until guardian is appointed. Therefore after the incapacitated person is referred to as the ward of the guardian.
There are two forms of guardianship in most states. Limited guardianship or general plenary guardianship. Limited guardianship is granted was some but not all decisions about matter involving residents, education, medical, legal assistance, vocational needs or financial management need to be made for you. General guardianship may be granted for those individuals who are incapable of making any decisions on their own as according to the court.
Guardianship can be granted to a family member or any person of an interested party. Often times, the Bureau of Guardianship Services under the Department of Human Services can receive guardianship as well. The petition to determine capacity is going to be filed with the probate court in the county where the alleged incapacitated person live. In the petition to determine capacity has to state the name, age and address of the alleged capacity to person as well as the person who is petitioning the probate court. This form should also indicate the relationship that the petitioner has with the alleged incapacitated person in the primary language spoken by the incapacitated person.
In addition the petition has to be able to give the names and address of next 10, the name of the alleging the past person’s position known and any other witnesses who are able to confirm that the person is incapacitated. The petitioner must stay underground for the belief the alleged incapacitated person lacks capacity, and further the law is going to require the petitioner to identify which rights the alleged incapacitated person is incapable of exercising such as the right to marry, vote, travel or maintain a driver’s license. The petition must be signed under an oath.
If you believe that you have been on right fully incapacitated and granted a guardian, you should reach out to a family law attorney, such as the ones available at Hurst, Robin & Kay LLC. Your family law attorney is going to be able to determine if you have been wrongfully placed as someone’s ward. They are going to also be able to help guardians fully protect their wards legally.
Whether you are a guardian or a ward, you should take a moment to speak to a lawyer and fully understand the situation that you are in.