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If I apply for guardianship will it go to court?
My grandmother was deemed incompetent and lives in a old age home now. OPGT (The Office of the Public Guardian and Trustee) took over her finances and are making horrible decisions I know my grandmother would hate. I'd like to apply for guardianship. The application is online and straight forward. Will it go to court?
1 Answer
- Wizened wizardLv 77 years agoFavorite Answer
In the US, typically the guardianship request is considered as a 'complaint' against the potential ward. Don't worry about the word 'complaint'. To get to court, someone has to challenge someone else. The incompetent person will probably be represented by a temporary lawyer known as an 'attorney ad litem,' meaning someone one representing the ward's interests just for this hearing. (YOU wouldn't want to have your rights stripped away based on someone else's claim, without a defense, would you?) The judge will decide if a) the potential ward needs a guardian, and b) if you're the right one.
It's good to have a lawyer of your own in this matter. You'll only get one chance.
The laws in your country may differ slightly. If you are in a country with an English law tradition, the process won't be very much different.
