NGN
Judicial Process
Understanding the Judicial Process
The guardianship process can vary significantly by state, court, and judge. Generally, guardianships include five separate court actions: petition, pre-hearing activities, court hearing, monitoring, and termination or transfer. The process begins with interested parties, such as family members or public agencies, petitioning the court for appointment of a guardian. The court is then responsible for ensuring that the alleged incapacitated person's rights to due process are upheld, while making provisions for investigating and gauging the extent of the person’s incapacity. Should the court find the adult to be incapacitated, the judge appoints a guardian and writes an order describing the duration and scope of the guardian's powers and duties. Once a guardian has been appointed, the court is responsible for holding the guardian accountable through monitoring and reporting procedures for the duration of the guardianship. The court has the authority to expand or reduce guardianship orders, remove guardians for failing to fulfill their responsibilities, and terminate guardianships and restore the rights of adults who have regained their capacity.