Guardianship:
A guardianship involves the appointment of an individual (a guardian) to handle personal/custodial matters for an incapacitated adult (ward). The incapacity may be due to mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that the individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.

Responsibilities Of A Guardian:
The primary responsibilities of the guardian are to decide where the ward will live and make provisions for the ward’s care, comfort, and maintenance, including medical and health care decisions.
All Guardianships are under court supervision. It is the court’s responsibility to make certain that the guardian is functioning in the best interest of the protected person. It is the Guardians responsibility to follow the court’s instructions and to always act in the best interest of the protected person.

Protective Proceedings:
Guardianships are defined as protective proceedings because they involve protection of a person and/or property.

The Legal Process:

1. Venue:
   • The law specifies where proceedings are to take place. The Venue for conservatorship proceedings is in the county in this State where the person to be protected resides.
2. Petition:
   • The person to be protected, any person who is interested in his estate, affairs, or welfare, or any person who would be adversely affected by lack of effective management of his property and affairs may petition the court for the appointment of a Guardian. The Petition form 530 provides the Court with details about the case, including information about the assets and the reason or basis for the protection.
3. Attorney:
   • An attorney is necessary to represent him/her in the proceedings.
4. Examiners:
   • If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic use of alcohol, the court will appoint one or more physicians to examine the person and report to the court. (Not Required In Minor Conservatorships Unless A Disability Exhists)
5. Notice:
   • The law requires at least 20 days’ notice of the proceeding be given to the person to be protected and his spouse, parents, and adult children, or if none, his nearest adult relatives. This gives interested persons an opportunity to attend the hearing or otherwise be informed of the matter. The court requires proof that the notice was given (Form 120PC).
6. Hearing:
   • The court generally conducts a hearing to receive testimony and make determinations concerning the case. The court may appoint a guardian, dismiss the proceeding, or issue any other appropriate orders.
7. Filing Fees And Compensation:
   • Filing fees are set by law and must be paid to the court. Attorneys, examiners, and others, including the appointed guardian, may be entitled to reasonable compensation for services as determined by the court. ($150.00 Filing Fee)