What Goes on at a Guardianship Hearing?

Attendees

• A hearing typically consists of a judge who presides over the case and makes the ruling. The attendees, however, may vary. For instance, anyone can attend the hearing, which is open to the public. Typically, the individuals concerned attend the hearing. For instance, family members and friends may go to the court hearing. Nevertheless, the prospective guardians must attend the hearing. Any party who objects to the guardianship or a prospective guardian must attend the hearing. State laws generally require anyone objecting to the guardianship or prospective guardian to file papers with the court to block the guardianship before the hearing starts. In addition, the person must notify all parties of the opposition --- in writing.
  
  

Hearing

• During a guardianship hearing, a judge listens to evidence to determine whether a guardianship is needed. Evidence usually includes information on the person's mental capacity, such as witness testimony and any medical documentation. The subject of the guardianship may testify in court. The judge also listens to any testimony for parties that filed a motion opposing the guardianship or prospective guardian. If the judge finds that a guardianship isn't needed, then the person doesn't receive a guardian. Nevertheless, if the judge does decide enough sufficient evidence was presented, then the guardianship request is granted and ordered by the court.
  
  

Guardian Decision

• A judge appoints a guardian during the hearing. Although a judge commonly picks an adult child or spouse for the guardianship job, others may vie for the job, reports the legal resource website Nolo. In situations where a list of prospective guardians is available, a judge follows rules established by state law. For example, a judge may pick a blood relative from the list. If a blood relative isn't available or there's no list of prospective guardians, then a judge may appoint a non-blood relative. Generally, a non-blood relative consists of a public or professional guardian.
  
  

Considerations

• Guardianship consists of two types: a conservator of the person and a conservator of the estate. Depending on the type of guardianship granted, a judge may appoint one or two people. For instance, if you're seeking responsibility of a person's finances, then a judge may grant a conservator of the estate. In another example, you may become the conservator of the person while someone else become the conservator of the estate.