Guardianship
In situations where an individual is incapable of managing their own finances and/or personal matters, guardianship and conservatorship over another individual are options. The district court where the respondent resides is where proceedings for determining legal disability and appointing guardianship and/or conservatorship are held. Financial matters pertaining to the respondent are handled by conservatorship, whereas personal matters or daily activities are handled by guardianship.
Questions about Guardianship?
Guardianship Application Process:
1
Filing
-
A petition, AOC Form 740, and an application of appointment of fiduciary for the disabled person, AOC Form 747, is filed with the clerk of courts, requesting information about the respondent's residence, next of kin, and the necessity of a guardian or conservator.
-
An application for an emergency appointment, AOC Form 745, and Order for Emergency Appointment of Fiduciary, must also be filed is its an emergency guardianship.
-
The petitioner will also need to provide written letter or note from a care provider to corroborate the need to appoint an emergency guardian/conservator.
2
Preparation
-
Within one week of filing, the court conducts a hearing for the respondent to counsel.
• If the respondent does not have an attorney, the Court appoints a Guardian Ad Litem (GAL) to represent the Commonwealth. -
​An Interdisciplinary Team, consisting of a Doctor, Psychologist, and Social Worker, meets with the respondent or GAL and files a report on the respondent’s legal disability.​​
3
Trial
-
The matter is scheduled for a bench trial or jury trial in the District Court, with the respondent, counsel, and County Attorney present evidence.
-
The judge or jury determines whether the respondent is fully or partially disabled in personal and/or financial affairs.
-
If the respondent is partially or fully disabled, the court decides who will be the respondent’s guardian or conservator.