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THE
PROBATE COURT |
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PROTECTED INDIVIDUALS The Estates and Protected Individuals Code (EPIC) governs matters pertaining to the administration of estates of deceased and protected persons. The Probate Court has exclusive jurisdiction over these matters. Protected individuals are persons who by reason of their age or physical impairment cannot manage their own affairs. A guardian may be required for an unmarried minor whose parents are deceased or whose parental rights to custody are terminated or suspended by circumstances or prior court order. A guardian may also be required for a person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, except minority, to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person. A guardian is a person who is given authority to exercise certain powers over a protected individual. Guardians are appointed by order of the court. A prospective guardian may be nominated by petition, by will, or other written document signed by the parent and at least two other witnesses. I f a protected individual has an estate that requires management, the protected individual may need a conservator. A conservator is a person appointed by the court to exercise powers over the assets of a protected individual. The same person may serve as both guardian and conservator, or two separate persons may be appointed.A conservator may be appointed if the court finds that any of the following circumstances exist:
When a minor’s estate is under $5000, a conservator is not needed. The following persons may receive up to $5000 per year for the support and education of the minor without being appointed conservator:
Any interested person can petition the court for a guardian or conservator of a protected individual, and:
A limited guardianship of a minor may be established only upon the consent of the custodial parent. A limited guardianship grants full custody of the child to the limited guardian, except the guardian may not consent to adoption or marriage. At any time the parent or limited guardian may withdraw their consent by filing the necessary documents with the court. The court must discharge the guardianship but may require a hearing prior to doing so. The court reviews limited guardianships annually for children under 6 years of age. A guardian must file a written report annually showing the wards condition, the condition of the ward’s estate subject to the guardians possession, any medical or psychiatric treatment or care to which the ward was subjected during the report period and what reason, if any exists, for continuation of the guardianship. There is a form provided by the Probate Court to satisfy this obligation. A conservator must:
Failure of the conservator to file an inventory or annual account will result in suspension of the conservator’s powers. Since these legal proceedings can substantially affect the protected person’s rights as well as subject the fiduciary to personal liability, it is advisable to seek consultation with an attorney prior to instituting action.
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