Guardianship results in a person, the guardian, being appointed for another person, the ward, to handle the ward’s personal or business affairs. This process is closely supervised by the Court.
Guardianship can be used to:
- Stop elder abuse
- Stop people taking financial advantage of the elderly
- Prevent someone from misusing a power of attorney
- Get a person necessary medical care
- Get someone admitted to an appropriate assisted care facility
Guardianship may not be necessary if:
- The incapacitated person has signed a health care power of attorney
- The incapacitated person has signed a general durable power of attorney
- The incapacitated person has no assets
- The incapacitated person is permanently committed to a psychiatric facility
What Does it Cost?
Legal Fees: Depending on the circumstances, Pyke & Associates may charge as little $1,400 for a non-contested Guardianship of the Person.
Ad Litem: The court will appoint an attorney to represent the proposed ward called the attorney ad litem. The ad lirem’s fees are approved and awarded by the Judge. If the Proposed Ward has sufficient assets, the Ad Litem’s fees will be paid from those assets, not the applicant’s assets. If the Proposed Ward has no assets, the County will pay the Ad Litem’s fees. Ad Litem’s fees range from $400 on up.
Court Costs: The County Clerk’s fees vary from County to County and depend on the number of persons to be served, but $350 is a good estimate.
Security Bond: A Guardian of the Estate will need to obtain a surety bond, after the amount is approved by the Court, issued by a bonding company. Annual premiums are paid directly to the bonding company and are a percentage of the bonded amount. A Guardian of the Person must post a more nominal bond and the cost is not significant.
Temporary Guardianships
If guardianship is needed and the abuse is continuing, a temporary guardianship is the appropriate remedy. The applicant can be appointed guardian in as little as 48 hours, gain control of the financial affairs, research the extent of the abuse, and petition the Court for the right to bring an action. Within sixty days, the temporary guardian can become a permanent guardian upon further proof at hearing. If the abuse has already ceased, but redress needs to be taken for fraudulent actions (deeds, trust amendments, forged checks), a temporary guardianship can be skipped and a permanent guardianship created to empower the guardian to sue the abuser.