Application must include a statement of the guardian's willingness to perform as guardian, a bond as required by law, and, in the case of a prospective incompetent ward, a statement of the ward's mental and physical condition from a treating physician, psychiatrist, or licensed psychologist.Application for guardianship is filed in the Probate Court of the County of the ward's residence by an interested party, or on the Court's own motion.In addition, an adult, while competent, may nominate a guardian to serve in the event of incapacity. However, a minor over 14, or the parents by will, may suggest a guardian for a minor. If the settlement exceeds $25,000, the Court will require the appointment of a guardian of an estate. The Probate Court must authorize approval of such settlements. Minor Settlement: Natural parents do not have an inherent right to settle personal injury claims on behalf of a minor child. Minor: Any person under 18 years of age who has neither father nor mother or whose parents are unsuitable to have custody and tuition of such minor, or whose interests, in the opinion of the Court, will be promoted. Incompetent: Any person who is mentally impaired as a result of a mental or physical illness or disability, or mental retardation, or as a result of chronic substance abuse, that he is incapable of taking proper care of himself or his property or fails to provide for his family or other persons for whom he is charged by law to provide, or any person confined to a penal institution within this state. A corporation can only be guardian of the estate and not of the person.Ī guardian may be appointed for either an incompetent or minor, which are defined by statute as: The law regards the ward as incapable of managing his or her own person and/or affairs.Ī guardian is any adult person, association, or corporation appointed by the Probate Court to assume responsibility for the care and management of the person, the estate, or both, of an incompetent person or minor child. If you have any legal questions dealing with guardianships, an attorney should be consulted.Ī guardianship is an involuntary trust relationship in which one party, called a guardian, acts for an individual called the ward. This information should not be considered as a legal reference. This information is provided to the public in order to provide a general understanding of the duties and procedures of the Probate Court in reference to guardianships.
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