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Court Appointed Guardian To Manage Your Affairs

How Is A Guardian Appointed?

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Generally, a court will appoint a guardian after hearing evidence that a person is incapable of making decisions. Judges generally appoint an “evaluator,” a person to evaluate the situation and report back to the court.

In many states, you can apply to have a guardian appointed on a pre-need basis. For example, if you face incapacity and do not have someone you trust to appoint as an attorney-in-fact under a durable power of attorney. In this situation, the guardian is called a “pre-need” guardian.

If the court is asked to appoint a guardian by someone else, and you don’t think you need a guardian, you can fight the attempt to have one appointed. In most states, you will have the right to be present at a hearing about the matter and to be represented by a lawyer. If you can’t afford one, many states require that the court appoint one at the state’s expense.

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