At times, a person may unable to make reasonable decisions or lack the capacity and ability to take care of themselves. The person in question might be in such a state of mind or physical or mental condition that it would be a detriment to have them take care of themselves without any help. Reasons the person could be in this state could be due to age, physical or mental illness or disability, cognitive or learning disability, or addiction. In circumstances like these, the law has provided that a court may appoint a guardian to them to help manage their personal, financial, and property needs.A guardian must be approved and appointed by the court. A court evaluator, acting as the “eyes and ears” of the court will investigate and interview the allegedly incapacitated person. They will also look at other information given to them and compile a report and/ or give testimony at a hearing. The court evaluator gives the court their recommendation as to whether the alleged incapacitated person should in fact have a guardian and, if they should be given a guardian, they recommend who that guardian should be. The court generally gives a great deal of weight to the court evaluator’s recommendation.
A guardian can be a relative of the incapacitated person, a close friend, or they may not even know the person at all. Often times a guardian may be an attorney. A few states require that a guardian must come from the state's guardian registry, which is a list of all the registered guardians in that state who have passed certification. Generally, all appointed guardians must complete some sort of training program to be a legal guardian. A guardian will be responsible for personal and financial needs of the incapacitated person. For instance, they may be required to deposit the person's checks, pay their rent, and to pick up their medication every month. The guardian's services are compensated by receiving payment from the incapacitated person's bank account.
Legal guardians are generally required to visit the incapacitated person a certain number of times per year. In addition, they are required to keep financial records of the incapacitated person’s account and must file certain documents with the court. A court examiner reviews the financial documents and records submitted by the guardian and looks for inaccuracies. The court examiner then makes their own report to the court of the guardian’s work.
In addition, there is another special circumstance in which courts may appoint a special guardianship called a “guardian ad litim.” “Guardian ad litim,” means “guardian at law” and is a guardianship for a person who is currently involved in litigation. Generally, the person being protected during the litigation is either an infant, child, or has a disability.
