HOW IS A GUARDIANSHIP PROCEEDING INITIATED?

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A guardianship proceeding is usually initiated by a family member or a loved one, petitioning the court to have the person declared incapacitated, and when that petition is initially filed, a mental health file is opened at the guardianship in probate court, and the court appoints three examining committee members. It’s usually two doctors and a layperson, goes out to the house to examine the alleged incapacitated ward to see if this person actually needs a guardianship. One of the things that the judge always looks for is to see if there was any proper estate planning procedures put in place to avoid the need for the guardianship. It’s called the Least Restrictive Alternatives, and hopefully your loved one or family member has already put together estate planning documents to avoid the necessity of a guardianship. Have more questions? Then contact us today to schedule a free consultation!Doane & Doane–Top ratedTax & Estate Planning Attorneys