![]() ![]() The guardian must make decisions that are always in the ward’s best interests, cooperate with the conservator, if any, and encourage the ward’s participation in personal decisions so he or she may become more independent and regain the ability to manage his or her own personal affairs. A guardian of the person may exercise most of the ward’s personal rights with the exception of the right to vote. Once a guardian is appointed, the court may limit or terminate the ward’s right to consent to medical treatment, establish a residence, change domicile or vote. The ward has a right to hire counsel to represent him or her or the court will provide counsel. A hearing is held after the completion of the evaluation where the court will make a determination regarding the necessity of a guardianship. The proposed ward and other interested parties – such as the proposed ward’s spouse, children and relatives – will receive a copy of the Petition, and the court will appoint an independent evaluator to assess the ward and make a written recommendation about the ward’s capacity. The procedure for obtaining a guardianship varies from state-to-state, but generally the process is initiated by an interested party filing a Petition with the court that states probable cause as to why a guardianship is necessary. ![]() Adult Guardian of the PersonĪdult guardianship is a court proceeding to appoint an individual to make decisions about a person’s health, safety, support, care, and place of residence. Some alternatives include Power of Attorney - a grant of shared authority by one person (the principal) to another (the agent or attorney-in-fact) to make decisions regarding finances or health care – and Representative or Protective Payee – a person appointed to manage benefits like Social Security. State laws require that less restrictive alternatives are explored before guardianship or conservatorship is ordered. Ultimately, an Order of guardianship or conservatorship terminates or severely limits the ward’s rights and freedoms. If you feel that at 18, your child is not or will not be able to make important legal decisions on his or her own behalf, you may want to consider pursuing guardianship so that you can retain your ability to make such decisions for him or her. Up until age 18, parents are the “natural guardians” of their minor child and have legal authority to make decisions about their child’s health, education, safety and support. When an individual turns 18, he or she is presumed competent to make decisions about his or her person and property unless a court determines otherwise. ![]() The Court does not provide them to or fax them to a doctor, hospital, school, funeral home, etc.This excerpt from the Autism Speaks Special Needs Financial Planning Tool Kit was written by Reilly Morrisson and Ginny Duhon, Trust Advisors with SunTrust Bank's Special Needs Trust Group. Note: Fiduciaries are responsible to maintain and have available their Letters of Authority. Other helpful documents may be found in the Information & Instructions section below. Please review the on-line brochures listed below or the Frequently Asked Questions for assistance. This includes instructing litigants on the type of guardianship or conservatorship to pursue. ![]() Please note that court staff are prohibited by law from giving legal advice. Below you will find links to information about Guardianships and Conservatorships. Guardianships and Conservatorships may be initiated for either adults or minors in the Probate Court.
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