A guardian may be appointed in order to provide an appropriate level of assistance to an individual with incapacities. In that the needs of persons with incapacities are as diverse and complex as they are unique to the individual, a guardianship is specifically tailored to each individual to provide the least restrictive form of intervention to assist the individual in meeting his or her needs but at the same time permitting the individual to exercise the independence and self-determination of which he or she is capable. A guardian may be appointed to provide for the personal needs of an individual (i.e. food, clothing, shelter, health care or safety) and/or to manage the property and financial affairs of the individual.
The procedures for seeking the appointment of a guardian are extensive and potentially complex. An application must be made to the court and a guardian will be appointed by the court but only after a formal hearing to carefully consider the facts, circumstances and implications of the proposed appointment. The court will appoint a "court evaluator" to assist in investigating and evaluating the request for appointment of a guardian, and the court will appoint legal counsel for the incapacitated person if he or she does not have their own attorney.
If the appointment of a guardian is found to be appropriate, the duties and authorities of the guardian are detailed in an order of the court. A guardian is required at all times to exercise the utmost care and diligence when acting on behalf of an incapacitated person, is required to exhibit the utmost degree of trust, loyalty and fidelity in relation to the incapacitated person, and is required to file a report with the court, at least annually, to provide current and updated information regarding the incapacitated person and to describe the actions taken by the guardian on behalf of the incapacitated person.
To discuss any issues or questions with respect to guardianships, please contact Lawrence J. Schwind.