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When Guardian of a Minor is required - ANSWER-If a GAL
issue arises
If natural guardian, dies, is disabled, or
incarcerated
Guardian of a Minor Responsibilities - ANSWER-(Not a GAL)
- Guardian follows powers and duties of plenary guardian
- A different guardian report must be filed
- Guardian cannot use minor's assets to support the minor
*Minor guardian basically becomes the "parent" of the minor
and is expected to help minor with: Education, finances,
insurance, taxes, driver's license, etc.*
Restoration of Capacity - ANSWER-Any interested person,
including the ward,
may file for suggestion of
capacity
,Filing of Restoration of Capacity - ANSWER-When filed, court
must immediately
appoint a physician to examine
the ward
- Report of exam must be filed within 20 days after
appointment
Notice of Restoration of Capacity - ANSWER-Notice is given to:
- The ward
- Ward's counsel
- Next-of-kin
- Guardian
- Interested persons
Standard for Restoration of Capacity - ANSWER-
Preponderance of the
evidence
- Burden is on the
ward
Objections to Restoration of Capacity - ANSWER-Must be filed
within 20 days
after service of
notice
, If Capacity is Restored - ANSWER-Guardianship is
terminated
- If partial, court must specify which rights are/are
not restored
- Guardian has 60 days to file a new
guardianship report
Restoration of Capacity Hearing - ANSWER-Court is required to
give priority "to
any suggestion of capacity" and must "advance the cause
on its calendar"
Role of the Attorney--Mental Disability - ANSWER-
Maintain, as reasonably
possible, a normal attorney-client
relationship
- Allowed to act as de facto guardian and petition for
guardianship if reasonably
necessary
Intervention as an Attorney - ANSWER-ONLY warranted when
"client cannot
adequately act in client's own best
interest"