Health With Heart Consulting

Guardianship

September 7, 2011

People have been inquiring about Guardianships, so we are re-posting this older entry. Call if you have any questions.

A Guardian is a person or institution appointed by the Court to manage the personal or financial affairs of an incompetent person. Guardianship begins with a court petition alleging that the proposed ward is not capable of handling his or her own affairs. It is generally accompanied by a doctor’s report.

After the petition is filed, the Probate Court sends an investigator to interview the proposed ward and advise him or her of his or her legal rights. The ward’s many protective rights include the right to a lawyer.

The court then schedules a public hearing to consider the doctor’s report, the investigator’s report and evidence brought by any interested person. If the Probate Court determines that the ward is incompetent, it must appoint a state resident as Guardian and set the terms of the guardianship.

The many types of guardianships fall into two basic categories: Guardianships of the Person and Guardianships of the Estate. Guardians of the Person manage personal matters such as medical treatment and living arrangements. Guardians of the Estate manage financial matters. The Guardian of the Person and the Guardian of the Estate may be the same person.

The Guardian must take an oath in Probate Court. Guardians of the Estate must post a protective bond and must file an inventory within three months. A full accounting of income and expenses must be filed every two years. With each accounting, the Guardian of the Estate must prove that he or she is in actual possession of the remaining assets. Guardians can only make expenditures of the ward’s funds with the prior approval of the Court.

Be sure to stop by and read more information from Mr. Reckman on "Treatment of Gifts by Medicaid", "Joint Trusts" and "Discretionary Trusts for the Disabled".

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