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Guardianship When a person no longer has the ability to take care of him or herself as they are incapacitated or incapable, a guardian may be appointed by the probate court to protect the individual. A guardian has the authority to protect the legal rights of the individual. A guardian is generally appointed when the issue is the care of the person (such as health care issues, can no longer take care of him or herself, etc.). A guardian is appointed by filing a petition with the probate court. A hearing will be held and the probate judge will decide after hearing testimony whether it is necessary to appoint a guardian to protect the individual. The judge will also decide who is to be appointed as the guardian. Prior to the hearing, the court will appoint someone, called a guardian ad litem, to represent the best interest of the individual. The guardian ad litem will meet with the individual prior to the hearing and file a report with the court. A guardianship may be the only alternative to protect an individual in need. Contact Walling & Foster, P.C. to speak with an understanding and qualified attorney for a free consultation. |
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