Try: The first step in appointing a guardian is filing a petition with a court obviously the incapacitated individual is not likely to file the petition in most states any interested person can file the petition most petitions are filed by close friends or relatives also certain institutions hospital nursing home can file the petition if the incapacitated individual has no family most courts require that the petition identifies a proposed guardian the petition also often requires a description of the person’s incapacity depending on the state the court may require that the petition describe what actions the guardian is expected to take after the petition is filed the court will then hold a hearing to determine if guardianship is appropriate the allegedly incapacitated person is allowed to be present at the hearing after the hearing the judge will make a determination if guardianship is appropriate information references

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Categories: Cognitive Intellectual, Legal

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Keywords: Incapacity legal

*This information is listed as a Fact Sheet and is not explicitly medically licensed