What's Your Verdict-Medical Malpractice

Adult guardianship (also called conservatorship or termed fiduciaries) varies by state and is a legal process that occurs when a person can no longer make or communicate safe or sound decisions about his or her person, property, or both.

Typically, a petition (usually created by an attorney) is sent to the court by a person or entity explaining that he or she should have a guardian appointed and recommending who should serve. The petitioner may or may not be recommended or appointed as the guardian; family members are preferred to act in this role.

Requirements for who should serve as guardian differ by state and type: some are required to have training and pass tests; for others, the threshold is a willingness to serve and the absence of a felony conviction.

The court then appoints a guardian ad litem (the eyes and ears of the court) to provide information to help a judge determine whether the petition for guardianship is warranted. A court date is set to hear from all the parties; the proposed protected person may or may not be in attendance, and in all cases, the proposed protected person has legal representation. A judge then hears the evidence from all sides. If the judge determines that a guardianship is warranted, then he or she issues an order appointing the guardian and delineating the scope and duration of the guardianship (e.g., person, property, temporary, emergency).

http://www.wbur.org/onpoint/2017/10/05/why-guardianship-abuse-occurs