Guardian

When do you need one?

A guardian is appointed by the County Court when an individual does not have a Durable power of Attorney for Health Care and not capable of understanding the nature and consequences of his or her own acts.

How do you get one?

An interested party files a petition for appointment with the County Court.

At a hearing the Court must determine by clear and convincing evidence that the individual is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other causes to the extent that the individual lacks sufficient understanding or capacity top make or communicate responsible decisions concerning his or her person.

What can the guardian do?

The guardian has the same powers rights and duties that a parent has respecting an unemancipated minor child. The guardian is not liable for the acts of the incapacitated person.

The guardian has the following specific powers and duties:

• Is entitled to custody and may establish the individuals place of abode within or without the state.
  
  
• Makes provision for the care, comfort and maintenance of the individual and when appropriate, arranges for his or her training and education.
  
  
• Is to take reasonable care of the individuals clothing, furniture, vehicles and other personal property and is to commence a proceeding for the appointment of a conservator if other property of the individual needs protection.
  
  
• Gives consents and approvals which are necessary for the individual to receive medical or other professional care, counsel, treatment, or service.
  
  
• Is required to report the condition of the individual to the Court. Receive any and all information regarding proposed health care; obtain medical and clinical records; and consent to the disclosures of such records.

When does the authority of the guardian end?

• On the death of the individual.
  
  
• Determination of incapacity of the guardian.
  
  
• Removal or resignation.
  
  
• Determination that the individual is no longer incapacitated.