What Are The Usage with Disabled Individuals

Children who have been abused, neglected, or abandoned by their parents are not the only people who require a legal guardian. Often, physically or mentally disabled individuals, as well as elderly individuals suffering from dementia or Alzheimer disease, also need a legal guardian to be appointed in order to look after them and their estates and finances.

In order for a guardianship to be established, the individual who wishes to become the guardian of the incapacitated adult must complete guardianship forms and return them to the county clerk's office along with a filing fee. The guardianship forms will require the petitioner to list all of the assets of the incapacitated adult so that the court may determine the appropriate amount that the guardian bond should cover. The court takes into account all of the incapacitated adult's estate when they are considering guardian bonds.

Guardianship bonds must be submitted to the court in order for the petitioner to secure guardianship of an individual. Guardianship bonds must be for an amount that is equal to or exceeds the value of the incapacitated adult's estate. Guardianship bonds ensure that a legal guardian will not abuse their power and authority and that they will carry out their responsibilities to the best of their ability, as well as provide the incapacitated adult with care and support. If they abuse their power or do not perform their duties adequately then the guardian is in danger of forfeiting the guardianship bond.

Once the guardianship forms have been filed, the court will schedule a hearing. The court will require information regarding the reasons for which a legal guardianship is necessary. The petitioner will be required to provide the judge with evidence that the individual that they are seeking guardianship of is physically or mentally incapable of caring for themselves, or that they are not capable of making sound financial decisions.

Once the court reviews all of the evidence of the case, the judge will either grant the petitioner guardianship rights to the incapacitated adult or determine that the individual is not in need of a legal guardian. If the judge determines that the individual is in need of a guardian and that the petitioner would be the most appropriate option, then the judge can appoint the petitioner to be the guardian over either the incapacitated adult's person, the estate, or both their care and their finances. The judge will then outline the type of guardianship bond that is required and how valuable the guardianship bond should be.

Once the judge has appointed a legal guardian for an incapacitated individual and the guardianship bond has been filed, the authorized legal guardian will assume the rights and responsibilities that are associated with caring for the person and their assets. The legal guardian will be required to provide the court with a yearly statement of how their ward's finances are being spent and what assets remain. If the guardianship is terminated, either by the court or due to the death of the incapacitated individual, then the guardian loses their guardianship rights and any guardianship bonds are void.

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