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Most of the adult guardianships are usually uncontested, which means that the disabled adult or the relatives are comfortable with the decision. The court also decides that the person that has been proposed as the guardian is the right choice. This process is usually short and fast. In this case, there is no witness called to testify because everything is straightforward.
In some instances, the guardianship is contested, which means that someone isn’t comfortable with the decision or the proposed person. If the process gets contested, then the case goes to trial just like any other litigation. If the elderly person is in a capacity to talk, then the court will listen to him. Litigation is easier when you utilize guardianship attorney Long Island services.
When it comes to trial, the court will listen to documentary and other types of evidence. In most cases, the aim is to show that the disabled adult has a disability and needs a guardian. In some instances, physicians are used to testify like expert witnesses.
The role of the court is to determine that the adult needs a guardian or he doesn’t. Regardless of whether the case is contested or not, the court needs to determine the following:
The nature and the severity of the mental illness or any disability experienced by the senior.
The intellectual and physical abilities of the adult.
The ability of the senior to communicate clearly and make rational decisions on their own.
The ability of the senior to handle their financial affairs.
Whether there are arrangements that have been made that are appropriate for the senior.
Any other situation that the court sees as appropriate.
In any case, the disabled person needs to attend the court hearing, unless this has been explicitly determined by the judge. The court can allow the senior to stay away if he so sees fit, or if their attendance can be harmful to the case.
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