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    Guardianship Conservatorship Process

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    Emmanuel Laro
    The guardianship/conservatorship process begins when a petition is filed identifying the need and proposed guardian. A hearing is scheduled 4-6 weeks later. Before the hearing, a court investigator interviews parties and files a report making a recommendation. At the hearing, the judge reviews documents and testimony to determine if guardianship is appropriate. The judge may appoint a guardian on an emergency, temporary, or permanent basis or dismiss the case. If appointed, the guardian must file annual reports and the case receives ongoing monitoring.

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    Guardianship Conservatorship Process

    Uploaded by

    Emmanuel Laro
    90 views1 page
    The guardianship/conservatorship process begins when a petition is filed identifying the need and proposed guardian. A hearing is scheduled 4-6 weeks later. Before the hearing, a court investigator interviews parties and files a report making a recommendation. At the hearing, the judge reviews documents and testimony to determine if guardianship is appropriate. The judge may appoint a guardian on an emergency, temporary, or permanent basis or dismiss the case. If appointed, the guardian must file annual reports and the case receives ongoing monitoring.

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    The guardianship/conservatorship process begins when a petition is filed identifying the need and proposed guardian. A hearing is scheduled 4-6 weeks later. Before the hearing, a court investigator interviews parties and files a report making a recommendation. At the hearing, the judge reviews documents and testimony to determine if guardianship is appropriate. The judge may appoint a guardian on an emergency, temporary, or permanent basis or dismiss the case. If appointed, the guardian must file annual reports and the case receives ongoing monitoring.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    90 views1 page

    Guardianship Conservatorship Process

    Uploaded by

    Emmanuel Laro
    The guardianship/conservatorship process begins when a petition is filed identifying the need and proposed guardian. A hearing is scheduled 4-6 weeks later. Before the hearing, a court investigator interviews parties and files a report making a recommendation. At the hearing, the judge reviews documents and testimony to determine if guardianship is appropriate. The judge may appoint a guardian on an emergency, temporary, or permanent basis or dismiss the case. If appointed, the guardian must file annual reports and the case receives ongoing monitoring.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Starting the Leading up to the The

    Process hearing… Guardianship/


    • A Probate Court Investigator will
    • A need is identified by a family
    meet and interview all identified
    Conservatorship
    member, friend, member of the
    community, etc.
    interested parties, including the Process
    proposed guardian/conservator,
    • Petition is prepared, identifying After the Petition the proposed ward, family
    the need, and naming a
    is filed… At the hearing...
    members, physicians, social
    proposed guardian/conservator,
    workers, case managers, etc.
    then said Petition is filed with • The filing party will contact the
    The Investigator will also • The Judge/Commissioner will
    the Clerk of Court. Office of Public Defense Services
    address any questions about the review all filed and submitted
    • The filing party contacts Probate to have an attorney appointed to
    guardianship/conservatorship documents, including the
    Court Administration to set a represent the proposed ward.
    process. Petition, Physician’s Report, and
    hearing (typically set within 4-6 • The filing party will complete
    • The Probate Court Investigator Investigator’s Report.
    weeks). and file an “Order Appointing
    will prepare and submit a report • Testimony may be taken from
    Attorney, Health Professional,
    to the court with all relevant interested parties, and evidence
    and Court Investigator”.
    observations, as well as a may be presented.
    • The filing party will provide
    recommendation to the court as • The Judge/Commissioner may
    notice to all interested parties,
    to the appropriateness of the enter an order that same day
    including the proposed ward,
    guardianship/conservatorship, appointing a
    and file proof thereof.
    and the appropriateness of the guardian/conservator, either on
    • The proposed
    nominated an emergency, temporary, or
    guardian/conservator will
    guardian/conservator to serve in permanent basis, but may also
    complete the court-approved
    that capacity. opt to continue the hearing, or
    training (if not a licensed
    • The filing party and/or the issue a ruling on a later day. The
    fiduciary), and file proof thereof.
    nominated guardian should Judge/Commissioner may also
    prepare their “Order to Guardian choose to dismiss the matter if
    and Conservator…” and “Order the evidence does not support
    of Appointment” in advance of that a need exists.
    Post-Appointment the hearing.
    Monitoring
    If a guardian is appointed:
    • The guardian will be ordered to file an annual Report of Guardian,
    informing the court about the ward’s status, which must include a
    recent report from the ward’s physician/nurse practitioner. After the
    • The guardian and ward may be subject to a periodic visit by a Court
    hearing…
    Visitor or Court Investigator, primarily as a well-check to inquire about If a guardian/conservator is appointed:
    the status of the ward and guardian alike • The guardian/conservator will take copies of their “Order to Guardian
    If a conservator is appointed: and Conservator…” and “Order of Appointment”, along with their “Letters
    • The conservator may be ordered to file regular accountings, detailing of Appointment” to the Clerk of Court to have their “Letters…” issued.
    the ward’s income and expenses over a specific time period. • If not already done so earlier, the Guardian/Conservator should file their
    proof of completion of the court-approved training.
    All active guardianship/conservatorship cases are reviewed regularly to
    • Other documents may also need to be filed, as per the
    determine compliance with required filings, as well as the completeness and
    Judge’s/Commissioner’s orders, depending on the nature of the case.
    accuracy of said filings.

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