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FAQ Frequently Asked Questions | How is a Guardian Appointed? | A guardian may be nominated by a Will, or by any interested party who files a petition with the court for appointment of a guardian. An incapacitated person, or any person interested in his or her welfare, may petition for a finding of incapacity and appointment of a guardian.
Notice of the time and place of the hearing is given to the potential ward and other persons specified by statute.
The ward may be represented by counsel. On a hearing to determine incapacity, a visitor and physician must be appointed and report to the court after interviewing the potential ward. A visitor is a person trained in law, nursing or social work and is an officer, employee or special appointee of the court with no special interest in the proceedings.
In certain circumstances, the court may appoint a temporary guardian for a specific purpose and for a specified time period.
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