Types of Guardianship

By: Anthony Cooper

In general, the two most common types of guardianships for adults are: Emergency and Permanent Guardianship.

Emergency guardianship is an expedited court process that gives the petitioner the power to act for no more than 90 days. A court hearing is required within 10 days after the request is made. To be appointed, the court must find that an emergency exists and that using the Permanent Guardianship appointment process is likely to result in substantial harm to the alleged incapacitated individual’s health, safety, and/or welfare.

For the benefit of the alleged incapacitated individual, the court will appoint a Guardian Ad Litem. This individual is normally an attorney who advocates for the best interests of the alleged incapacitated individual. The Guardian Ad Litem explains the emergency guardianship proceeding to the alleged incapacitated individual using language, communication, and terms which can be understood by the alleged incapacitated individual. This includes the nature and consequences of the proceeding, the rights of the alleged incapacitated individual, and available legal options. The court will consider the Guardian Ad Litem’s report in making its decision.

Permanent Guardianship lasts until guardianship is no longer necessary. As such, in most cases, guardianship ends when the incapacitated person dies. Permanent Guardianship gives the guardian authority to make all personal and financial decisions over the incapacitated individual. The court will appoint a Guardian Ad Litem, Court Visitor, and an Expert Examiner. The Court Appointed Visitor interviews the alleged incapacitated individual’s relatives and interested persons named in the petition. They also review the alleged incapacitated individual’s medical records. The Court Appointed Visitor will then report its findings to the court. The Expert Examiner will examine the proposed ward and submit a written report to the court that includes, but is not limited to, a medical prognosis or psychological evaluation. The Court holds a hearing to decide whether the individual is incapacitated and appoints a guardian. Guardianship of adults must be reviewed every five years. At a hearing, the court will determine if the guardianship should remain in place.

The appointment of a guardian severely limits or completely removes the rights of individuals to make their own personal decisions.  Therefore, the court will inquire if less restrictive options were considered.

Petitioning the Court for guardianship can be overwhelming. At the Boppre Law Firm, our goal is to make the process seamless. We understand that guardianship matters can greatly affect families and we are here to help. You can trust us at the Boppre Law Firm to help you navigate the legal process. We have knowledgeable, experienced counsel that will guide you every step of the way. Check us out online or call us today.