In Probate Court, a guardianship hearing is held. During the hearing, all evidence pertaining to the problem is presented, including testimony from witnesses and documentation from the case. The first thing that the court must decide is whether or not the individual need the services of a guardian.

When does a court appoint a guardian for an elderly person?

People who have lost their ability to make wise choices are appointed guardians by the court in these sorts of situations. Guardianship is a legal relationship that grants the guardian the ability to make decisions about the ward’s legal, financial, and health-care needs on their behalf (the elderly loved one).

How does a court decide a guardianship petition?

After reviewing the petition and listening to statements, a judge will consider whether or not the elderly person lacks the ability to care for himself or herself and will decide whether or not to approve the guardianship petition. A guardian has a responsibility of care to the elderly person under their charge.

Who must attend a guardianship hearing?

Anyone who wishes to be named as the guardian must appear in person at the hearing. Unless the individual has been excused, the adult over whom the guardianship is requested, known as the ‘proposed protected person,’ is required to attend the hearing as well.

How do I file for guardianship of an elderly person?

It is important to complete a Petition for Appointment of Conservator form, which asks for information on the old individual, the person who is filing the petition, the elderly individual’s family, and the reasons why guardianship is required.