Guardianship

When a person loses their mental capacity to make decisions, they may be adjudicated incompetent. The procedure involved in determining a person’s mental capacity and competency includes an evaluation by a panel of three medical experts. The panel provides a report and their evaluation of the person who may be incompetent. If the court determines the person to be incapacitated, a guardian of the person who will make decisions of the health and well-being of the person will be appointed. The same person can be appointed to be the guardian of the property of the person who has been adjudicated incompetent. The guardian of the property takes charge of the assets and income of the person. The guardian must be fingerprinted, bonded, file inventories, annual plans as to the health well-being of the person as well as accountings for income and expenses. To serve as a guardian, you must take a course as part of your responsibility as a guardian.