Why should I set up a guardianship?

 

A guardianship is established to protect a ward’s rights and liberties only as necessary and to ensure that the guardian’s powers are limited to ensure that he or she does not abuse or misuse his or her power over the ward.

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What is a ward?

 

A ward is a person for which the guardianship was created.

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What are the most common reasons people establish guardianships?

 

Most commonly, people establish guardianships for incapacitated adults and incapacitated minors that are about to reach the age of 18 (majority) in order to define how the manner in which care will be provided.

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I want to file an application for guardianship, Where should I file it?

 

If the proposed Ward is an adult, the application may be filed in the county in which the proposed Ward resides, the county in which the proposed Ward is located on the date the application is filed or in the county in which the principal estate of the proposed Ward is located. If the proposed Ward is a minor, the application may be brought in the county where the minor resides, or is located when the application is filed, the county where the principal estate of the Ward is located, the county where the principal estate of the Ward is located, the county where both parents reside, if they reside in the same county, if one parent is deceased, in the county of residence of the surviving parent who has custody, if bth parents are dead, in the county in which the last surviving parent having custody resided, or if both parents are dead and die in a common disaster, in the county in which both parents resided at the time of their deaths, if they resided in the same county.

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What happens after the guardian is appointed?

 

After the hearing in which the court determines the guardianship is necessary and in the best interest of the Ward, the guardian must take the oath and post a bond. After the oath and bond, the clerk of the court will issue Letters of Guardianship. These letters will be used to show third parties that the court has entrusted the person, estate, or both of the Ward to the care of the guardian.

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In general, what will I have to do as a guardian?

 

As a guardian of the estate, some of the things you will need to do will be to gather assets, post notice to creditors, and file for an inventory and appraisement.

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Will I receive compensation for acting as a guardian?

 

A person appointed as guardian of the estate is entitled to a fee for income of the ward’s estate, those monies coming in and out of the estate. Other allowances, such as attorney’s fees, may also be possible in some instances.

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