How is the decision made that a person needs a guardian? The process varies among the states, but in general it involves these steps: • Someone petitions the appropriate court to declare the person in question incapacitated and to appoint a guardian. • The alleged incapacitated person and certain family members are notified about the petition and hearing. • The person is examined to assess capacity, usually by a doctor, psychologist or social service provider, or some combination of them. In some states, a “guardian ad litem” or “court visitor” also meets with the alleged incapacitated person, acting as the “eyes and ears of the court,” and makes a report to the judge. A hearing is held, and the judge determines whether a guardian is necessary Source: American Bar Association, A Professional’s Guide to Capacity and Guardianship
Posted on: Thu, 26 Sep 2013 01:30:37 +0000
Trending Topics
Recently Viewed Topics
© 2015