How is a Guardianship Created?

A Guardianship is created by filing an application with a court. The proposed ward must be served with actual notice of the application to create a Guardianship. The Court must appoint an attorney to represent the proposed ward. If the proposed ward is an adult and does not want the Guardianship, the attorney appointed by the Court must defend against the creation of the Guardianship. The attorney must contest the application even if the attorney believes the Guardianship would be in the proposed ward’s best interest.

There will be a hearing at which the Court must find the proposed ward is not mentally competent to handle his or her own affairs. This may be due to minority, or to injury or illness.