Guardianship Proceedings

When a physical or mental disability prevents an adult from taking proper care of themselves, the court may appoint a guardian to serve as a caregiver. This is often necessary for individuals who are in good physical health but lack the mental capacity to fully understand situations and make appropriate decisions regarding their own care and well-being.

The team at Burgess & Christensen knows how heartbreaking it can be to watch a loved one struggle with capacity issues. When you need to seek guardianship, we can assist with every step in the process, answering questions and providing experienced guidance to make the process as efficient as possible.

Understanding Guardianship

When someone is appointed guardian of another adult individual, they gain the right to make decisions on behalf of the other person, who is often referred to as the ward. This includes decisions such as where they will live and the type of medical treatment they will receive. It can also affect rights such as the ability to sign a contract, file a lawsuit, or to get married.

The ward loses the ability to make these decisions because the law determines that they lack the mental capacity to fully understand and appreciate the nature of the decisions.

Because guardianship takes away the ward’s ability to control aspects of their own life, it is considered a very serious proceeding. The court will need to take detailed steps to ensure that guardianship is truly necessary before they will approve guardianship. Our team understands how to collect and present the right evidence to demonstrate the need for guardianship.

How the Guardianship Process Works

To obtain adult guardianship on behalf of a loved one, the proposed guardian first files a petition in Probate Court, and the petition must either be signed by two individuals who have the appropriate legal interest in the proposed ward’s life or the petition can be signed by one such person and a doctor, psychologist or social worker.

The petition and supporting documentation should demonstrate why guardianship is necessary. At Burgess & Christensen, we know how to present persuasive arguments and convincing evidence to enable the judge to gain a clear picture of the situation right from the start.

After the court accepts the petition for guardianship, then a notice is sent to the proposed ward, explaining the guardianship proceedings, the need to submit to an evaluation, and the right to have an attorney. The court may appoint an attorney known as a guardian ad litem to represent the proposed ward’s interests during the legal proceedings.

The evaluator will submit a report to the court, and then the court will schedule a hearing to review all of the evidence. If the proposed ward or the guardian ad litem objects to guardianship, the process is considered a contested guardianship, and it can take longer to conclude. Even when guardianship is not contested, however, the court will still want to see persuasive evidence of the need for guardianship.

The process can seem frustrating and invasive for those who are not prepared, but at Burgess & Christensen, we work closely with you throughout the process so that you know what to expect and how to satisfy legal requirements with efficiency.

Learn More About Guardianship and the Ways We Can Assist

The need for guardianship often comes at a time when you’re already managing numerous family and personal challenges.

We can guide you through all the legal requirements to secure guardianship without unnecessary delays. Contact our team today for a confidential consultation to learn more about how we can help with the guardianship process.