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Guardianship
Guardianship is a court process designed to protect an individual who can no longer protect himself or herself, and it seeks to identify the person or persons best suited to take over the individual’s financial affairs and personal care. In practice, guardianship can be a costly, time-consuming, bureaucratic and public process that often achieves an outcome vastly different from what the individual would have wanted—just like probate.
Although it varies from state to state, guardianship usually involves these steps:
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Someone—usually a spouse, child or parent—must file court papers to have an individual declared legally incompetent.
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Interested parties—such as family and creditors—will usually be notified.
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Notice of the hearing will be published in a local newspaper.
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If the individual’s competency is contested, an investigation will ensue.
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Finally, a hearing will take place, at which the individual may have to be present if his mental or physical health will allow it; otherwise, medical evidence or testimony will be introduced.
If the evidence justifies the conclusion, the individual will be declared mentally incapacitated or incompetent, and the court will appoint a guardian of the person to act on his or her behalf with respect to living arrangements, medical care, and long-term care issues. A guardian of the property is the person the court designates to be responsible for the individual’s financial affairs.
Guardianship Resources:
Probate - A Process, Not a Problem
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