Sometimes, a person has lost the mental capacity to make decisions regarding their own health care and finances.  If this happens, and they do not have a valid power of attorney and/or health care proxy in place, a court-appointed guardian may be necessary.  To appoint a guardian, someone has to file a petition with the court to request that a guardian be appointed.  There is often a hearing to determine capacity.  If the court finds that the person is indeed without capacity, a guardian is put in charge of the person’s finances and possibly health care decisions.  The guardian is required to manage the person’s assets, make sure they get proper care, and file annual reports with the court.

Appointing a guardian, and managing the annual filings, can be complex.  My office can assist in this process.