![]() ![]() The application must include a statement of the guardian’s willingness to perform as guardian, a bond as required by law, and, in the case of a proposed adult ward, a statement of the proposed ward’s mental and physical condition from a Licensed Physician or Licensed Clinical Psychologist. In addition, an adult, while competent, may nominate a guardian to serve upon approval of the court, in the event of incompetency.Īn application for guardianship is filed in the Probate Court of the county of the proposed ward’s residence by an interested party. However, a minor over 14, or the parents by will, may suggest a guardian for a minor. If the settlement exceeds $25,000.00, the Court will require the appointment of a guardian of the estate. The Probate Court must authorize approval of such settlements. Minor Settlement: Natural parents do not have an inherent right to settle personal injury claims on behalf of a minor child. Minor: Any person under 18 years of age who has neither a father nor mother or whose parents are unsuitable to have custody and tuition of such minor, or whose interests, in the opinion of the Court, will be promoted. ![]() Incompetent: Any person who is so mentally impaired as a result of a mental or physical illness or disability, or intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper care of the person’s self or property or fails to provide for the person’s family or other persons for whom the person is charged by law to provide, or any person confined to a correctional institution within this state. A corporation can only be guardian of the estate and not of the person.Ī guardian may be appointed for either an incompetent adult or a minor, which are defined by statute as: ![]() The law regards the ward as incapable of managing his or her own person and/or affairs.Ī guardian is any adult person, association, or corporation appointed by the Probate Court to assume responsibility for the care and management of the person, the estate, or both, of an incompetent person or minor child. A guardianship is an involuntary trust relationship in which one party, called the guardian, acts for an individual called the ward. ![]()
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