Guardianship is the legal procedure used to protect persons who are unable
to care for themselves because of impaired judgment, mental disability,
physical incapacity or diminished capacity.
A Probate Court may make a determination when guardianship is appropriate-the
person is evaluated by a licensed physician and the court ascertains the
appropriateness of appointing a guardian. Guardianship usually is utilized
when the mental or physical impairment poses a threat to a person's own
well being. Guardianship gives one person (the guardian) the power to make
decisions for another (the ward).
The procedure.
A physician must attest to the person's incompetence, and a petition
which must be signed by two people is filed with the Probate Court requesting
the appointment of a guardian. The court notifies all the interested parties
(including the proposed ward) of the petition for guardianship.The parties
may object to the proposed guardianship up to a specified date, after which
the court holds a hearing where a judge decides whether or not to appoint
a guardian.
If a guardian is appointed they will have control over the financial
and the personal decisions of the ward. Certain decisions will need court
approval.
