GUARDIANSHIP
The term "Guardianship' may frighten some people. True, it is a very powerful action. There have been articles and advertisements in magazines and newspapers on how to avoid guardianship. It should not be entered into without first investigating all other alternatives. The appointment of a guardian indicates that there is no other way available to care for the person in need.
There are alternatives to a guardianship, such as Power of Attorney, Trustees, Joint Accounts, Geriatric Care Management, and Voluntary Guardianship. All of these have limitations, and all require the agreement of the person needing help, and all can be revoked by the giver. Some people recognize their need of help and seek it through one of the above methods. In all of the above cases, the authority rests with the grantor or person needing the help, and they can cancel any program.
A Guardian's authority is granted by the Circuit Court of the local county. That authority remains until the Court removes it. In order to have a guardian appointed, it is necessary to have the person needing help, (the Ward) examined by three medical professionals. Each medical professional must examine the Ward separately and send a written report to the Court. There reports are presented at a hearing for the Court to determine the Ward's capacity or lack of capacity. The Ward is represented by an attorney appointed by the Court.
As you can imagine, the hearing process could be traumatic to the Ward, depending on their capacity to understand, and there could be considerable resistance. However, the Law protects the Ward. The Ward has their own attorney and may request a re-evaluation after 90 days.
There is no way this article could cover all of the aspects of guardianship. Guardianship is only used when no other method would provide the protection of the person and property. It should not be entered into lightly. With a guardianship in place the assets are protected and will be used for the benefit of the Ward. The Ward's lifestyle and person are protected by the guardian. The Guardian is responsible fully to the Court and must have a Court order to sell or dispose of personal and real property.
The Guardian must have a $50,000 personal bond. A bond is required by the Court for each Ward, based on the liquid assets of the Ward, and the amount of the bond is set by the Court. The guardian must complete a 40 hour educational course and complete 16 hours of continuing education every two (2) years. A police background check and fingerprinting by the Court is also required.
