If someone has not executed a durable financial power of attorneys or an advance medical directive, and no longer has the capacity to do so, then a formal petition for guardianship and/or conservatorship may be necessary.
Petition to be Guardian of the Person
A petition to be appointed guardian of an adult person, if uncontested generally takes about four to six weeks to accomplish. A written petition must be filed with the court. The minimal contents of the petition are prescribed by statute. Typically the petition is not something a lay person should undertake without the assistance of legal counsel, and certainly if the request is time sensitive.
Petition to be Appointed Conservator of the Assets
If there are assets that need to be managed, a petition to be appointed Conservator of the assets is filed with the court. Again, the minimal contents of the petition for conservator are prescribed by statute, must be in writing, and this is best pursued with the assistance of legal counsel. Be advised that Conservators must be bonded with surety, so if there is any concern about whether an insurance company will bond a proposed Conservator, that should investigated before undertaking to petition the court.
Guardian ad Litem
A petition for Guardianship and Conservatorship will trigger the appointment by the court of a duly qualified attorney to serve as Guardian ad litem or GAL. The role of the GAL is to investigate the facts of the petition, the people seeking to be appointed as Guardian and Conservator, the claim of disability, meet with the person over whom the Guardianship and Conservatorship is being sought to advise them of their rights, and much more. With this information, the GAL will submit a written report with recommendations to the Court.
