Guardianship has a well-deserved reputation as a difficult process. Filing almost any action in court can be a trying process, even with the best intentions, excellent legal counsel and a legitimate claim on issue.
However, guardianship seems to bring out more difficulties than other legal processes.
This is because:
- The incapacitated person is officially unable to take care of themselves. Realizing this can be a serious wake-up call to everyone.
- Families fight. Guardianship can bring out the worst in everyone, especially if significant assets are involved. Certain close family members are required to receive notice of the guardianship and to decide if they want to serve. There is nowhere to hide from a difficult family.
- The guardian will have a lot of work to do. The guardian is responsible for making sure the incapacitated person had appropriate medical care and that his/her financials are in order.
Only qualified expenses can be made n behalf of the incapacitated person and the guardian is required to file an annual accounting with the court.