Who Gets Guardianship?
 Minors
 Incapacitated adults
Types of Guardianships
 Guardianship of the Person
 Guardianship of the Estate
May be partial or total
Best Interest of the Ward
Process for Guardianship
 Application to Probate Court
 Hearing for guardianship
 Post bond set by court
 File annual account of receipts/disbursements
 File inventory of assets
 Obtain court approval of certain actions
Guardianship of the Person
 Where ward will live
 Consent to medical care
 Allow or forbid travel
 Decide on marriage/divorce, voting
Guardianship of the Estate
 Pays bills
 Invest money
 Sign contracts, file lawsuits
 Apply for government benefits
 Buy or sell property
Guardianship Hearing (1)
 Clear and Convincing Evidence:
o Minor or incapacitated
o Guardianship in best interest of ward
o Rights of ward will be protected by guardian
(CONTINUES)
Guardianship Hearing (2)
 Preponderance of Evidence::
o Court has venue (Co. of residence)
o Proposed guardian is eligible and qualified
o Not solely to change school districts (sports)
o Degree of incapacitation: total or partial
Emergency Guardianship Hearing
 Court notified guardianship needed
 Physician’s letter needed, ad litem appointed
 Hearing within ten (10) days
 Terminates in 60 days
 Final accounting due from guardian
Competing Applications
 Parental (written) wishes
 Wishes of child (if 12 yoa or older)
 Court finally decides “In best interests of Child” and may override