How Does the Guardianship Referral Process Work?
1. Call our office to discuss guardianship or possible other alternatives. Request a referral form if guardianship is appropriate. Be sure to fill it out completely and send by mail, fax, or email.
2. If public guardianship is the better option, our office will file the necessary paperwork with the court at no cost. You must be willing to testify under oath to the information on your referral form.
3. An Examining Committee will be formed comprised of three (3) professionals. They will visit the person who may need guardianship and make a recommendation to the Probate Judge.
4. There will be a court hearing where the Judge will take into consideration the Examining Committee’s report and other testimony. If the person wants to keep the right to make their own decisions, then they will have an opportunity to present evidence and speak at this time.
5. If the Probate Judge makes the determination that guardianship is necessary, then the public guardian is appointed and is responsible to the Court for making medical, residential, and financial decisions to maximize the well-being and safety of the incapacitated person. After the initial report is made, then the Guardian must report at least annually to up date the Court on the medical, financial, and safety conditions of the person.
