Guardian

The Guardianship Handbook -- Table of Contents

INTRODUCTION

CHAPTER 1 GUARDIANSHIP

What is adult guardianship?
Why would a person need a guardian?
What are the different kinds of guardianship?
Does every incompetent person need a guardian?
What is the effect of a guardianship?
Why avoid guardianship?

CHAPTER 2 COMPETENCY AND INCOMPETENCY

What is incompetency?
Who decides whether a person is incompetent?
What about mental disorders?
How do physicians test for competency?
How does the law define incompetency?
What proof of incompetency does the guardianship law require?
Can a person who is questionably competent still make decisions?
Does an incompetent person always need a guardian?

CHAPTER 3 ALTERNATIVES TO GUARDIANSHIP

Why consider alternatives to guardianship?
What are alternatives to guardianship?
What are alternatives for a person living in an unsafe environment?
What if the person cannot consent to medical care?
Advance directives
Surrogate decision making
What if the person cannot live alone in the community?
Case management
Home health services
Senior care
Adult day care
Respite care programs
Meals on Wheels
Transportation to medical and other appointments
Food and prescription drug deliveries
Telephone reassurance programs
Home visitors and Pets on Wheels
Postal service checks
Unpaid utility bills
What if the person needs supervision?
Assisted living facilities
Continuing care retirement communities
What if the person cannot handle her money or property?
Durable powers of attorney
Representative payee
Banking services
Joint ownership of bank accounts
Authorization of a specific transaction
Trusts
What happens if a guardian is appointed even though these alternatives are in place?

CHAPTER 4 APPOINTMENT OF A GUARDIAN

How is a guardian appointed?
Who files the petition?
What does the petition contain?
What else is filed with the petition?
Are there different kinds of guardians?
What is done with the petition?
Can the alleged disabled person object to the appointment of a guardian?
Role of the attorney
Will there be a court hearing?
Who can be a guardian?
Rights of the alleged disabled person
What is a guardianship order?
Can a guardianship appointment be appealed?
What rights does a person have after a guardian has been appointed?
What decisions can a guardian make?
Can a guardianship be revoked?
Can a court remove a guardian?
When does a guardianship end?

CHAPTER 5 GUARDIAN OF THE PROPERTY

What are the powers and duties of the guardian of the property?
Does a guardian have to post a bond?
What reports must the guardian of the property make to the court?
What is an inventory?
What is an accounting?
What happens if the guardian fails to file an inventory or an accounting?
Who owns the property, the guardian or the disabled person?
Can a guardian give gifts to herself or to others from the disabled person’s funds?
Can a guardian make investments?
What are the limits of the guardian of the property?
Is the guardian of the property entitled to a fee?

CHAPTER 6 GUARDIAN OF THE PERSON

What are the powers and duties of the guardian of the person?
What standard should the guardian use in making decisions?
When must the guardian seek the special permission of the court?
Must the guardian of the person file an annual report with the court?
Is the guardian of the person entitled to a fee?
What is a public guardianship?
When is a public guardian appointed?
What is the Adult Public Guardianship Review Board?

CHAPTER 7 EMERGENCY GUARDIANSHIP

What if there is not time to follow normal guardianship procedures?
What about emergency medical care?
What is the procedure for an emergency guardianship?
What rights does the alleged disabled person have?
What does the court decide?
How long does the emergency guardianship order last?

CHAPTER 8 WHERE TO GET HELP

APPENDICES (Sample Forms)

Advance Directive for Health Care - Appointment of Health Care Agent
Health Care Instructions
Statement of Friend or Relative
Durable Power of Attorney