Guardianship

Question 1

Whether or not to appoint guardian of person

Answer 1

Capacity to care for himself and physical health. Clear and convincing evidence that he is incapacitated.

Question 2

Whether or not to appoint guardian of estate

Answer 2

Capacity to manage financial affairs

Question 3

Hearings for Guardianship

Answer 3

Held at any suitable location in the county unless someone requests hearing be held at the county courthouse

Question 4

Venue for appointment of guardian of minor

Answer 4

Parents (or parent who is MC) resides

Question 5

Venue for incapacitated adult

Answer 5

County where proposed ward resides or county where principal estate is located

Question 6

Venue for guardian named in parents will

Answer 6

County where will was probated or county where appointee resides. If both die simultaneously and neither had a designated guardian, county where parents resided.

Question 7

Eligibility for guardian of minor

Answer 7

Parent or surviving parent, but presumption is not conclusive. If not designated then grandparent or next of kin.

Question 8

Eligibility for guardian of incapacitated adult

Answer 8

Person named by parents

Person named in designation of guardian before need arises

Spouse, next of kin.

Question 9

Considerations when appointing guardian of adult

Answer 9

Limited guardianships whenever possible. The order appointing a guardian must specify that clear and convincing evidence showed that alternatives to a guardianship and available supports and services were considered by the court and determined not to be feasible.

Question 10

Temporary Guardian

Answer 10

Substantial evidence that a person or his estate requires immediate appointment of a guardian. Temporary guardian’s powers are limited to those granted by the court. Temporary guardianship cannot remain in effect for more than 60 days.

Question 11

Disqualified from being appointed guardian

Answer 11

DCLIPS

Disqualified in designation of guardian before need arises

Conflict of interest

Lack of education, experience, or other reason

Incapacitated Person

Person whose conduct is notoriously bad

Sexual offense conviction (not disqualified per se, but appointment is presumed not to be in the ward’s best interests)

Question 12

Waiver of Bond

Answer 12

Yes for person but court cannot waive the bond requirement for guardian of the estate even if written declaration directs the court to waive bond.