What the Judge Doesn't Tell You When Going to Court For Guardian Appointment

I recently went to court to become the legal guardian of an adult who is mentally incapacitated. When I was asked to take over for this person, I was overwhelmed at the thought.  I had absolutely no idea what to do or where to begin. Since I knew that I didn’t know a thing about any of this I called social services in my area to find out who could assist me. I did not want to hire an attorney because in all honesty I could not afford one. The person I spoke to helped guide me through the paperwork and explained to me what all I had to do to become the legal guardian for an adult who was mentally incapacitated.

I filed the papers and a hearing was scheduled immediately so that I could become legal guardian. At the first hearing, the judge appointed me emergency guardian and set a date for the permanent guardian hearing. He also told me that I had to get a background check through the Colorado Bureau of Investigation and a credit report. He informed me that the courts would appoint an atone for the person I was becoming guardian for and one who is an attorney representing the courts. I left the hearing thinking that all I had to do was get the background check done and credit report. I was very wrong.

The judge failed to tell me of many other things that had to take place before our next hearing. If I had not hired an attorney for some other issues and ha not had  him jump on board with the legal guardian case, I would have entered the court room completely unprepared.

One of the most important parts of the hearing was to make sure that the person who I was becoming legal guarding for was present at the hearing whether in person or on the phone. My lawyer arranged for him to be present by phone. That was one of the most important parts of the hearing. I would not have done that on my own because no one told me it was necessary needed. I figured since the respondent was incapacitated, he didn’t need to be present.

When we entered the court room the attorney for the courts had not filed a required report which postponed the hearing by a week. If we had known that he was going to overlook this, we could have followed up with the courts to make sure someone had.

I am glad I hired an attorney for my case because if I had not it would have dragged out for months and I needed to be able to take care of things for the respondent.



Top Posts | Paralegal & Law

Does The Legal Field Accommodate Everyone?

A lingering misconception that is prevalent among many people, both inside and out of the legal field, is that law students have a very limited range of choices when it comes to their career options. This simply isn't true. Law graduates are not confound to being attorneys, solicitors and ... ...

A Degree in Environmental Law

Do you enjoy politics? Do you dream of fighting for the environment? Well, in that case, a degree in environmental law could very well be the perfect field for you. This is a field that teaches you everything about research, law, politics and everything surrounding sustainability and the disc ...

4 Reasons Being a Lawyer Sucks

Being a lawyer in the United States has its own perks. There are not too many jobs that pay $400 an hour, even when a lawyer has lunch with their client. The problem is that there are too many in the profession of law when have no business being in this profession. As a result, the general pu ...

Critical Elements of a Legal Brief

Reading, interpreting, and writing in the legal field can prove to be challenging for anyone--the material is generally very dense, with such an incredible amount of information that every single word matters. Many legal students--as well as students in business, political science, history, a ...

10 Reasons Not To Become A Lawyer

Law degree courses are one of the most popular options for school-leavers. A career as a lawyer is seen as lucrative, glamorous and exciting. However, it’s not all a bed of roses; here are ten drawbacks that might make you think twice about chasing that wig and gown. 1. St ... ...

Diary of a Trial Juror

The trial ended today. Exactly on the third court day after we started. I have to admit serving as a juror on this particular trial was quite an experience. Judge Mary Johnson said we were an unusually good jury. It’s always hard for people to suddenly leave their real lives behind and ... ...