If a minor has lost his or her parents or when an adult becomes incapacitated, whether by illness, accident or age, it may be necessary to take legal steps to help protect their best interests, both physically and financially. A guardianship is a serious legal proceeding because it involves the legal taking of a person’s rights.
Legal Requirements for Guardians
The first mandatory requirement is that the court has to appoint a certified attorney ad litem to represent the alleged incapacitated, i.e., the proposed ward. A guardianship has numerous statutory technical requirements, including stringent notice requirements, a doctor’s letter that adequately defines the incapacity and the need to deal with a court investigator, and the requirement to post a bond to protect assets. After being appointed as guardian, there are reporting requirements in the form of accounting for the property being administered and informing the court of the ward’s well-being.