[Caption. See § 3 of the Introduction in this manual.]
Order Appointing Guardian
On [date] the Court considered the Application for Appointment of Guardian of Estate of [name of applicant], Proposed Guardian, proposed guardian of the estate of [name of proposed ward], Proposed Ward. It appears to the Court that notice and citation of the filing of the application have been given as required by law; that [name of proposed ward] is not able to attend this hearing due to [his/her] physical health, and [his/her] personal appearance is not necessary; and that [name of proposed ward] is represented at the hearing on this day by [name], attorney ad litem. The Court, having heard the evidence and the argument of counsel, finds by clear and convincing evidence that—
1.Proposed Ward is an incapacitated person for whom the appointment of a guardian is necessary to receive funds due [him/her] from the federal government;
2.the appointment of a guardian would be in the best interests of Proposed Ward and [his/her] estate;
3.Proposed Guardian is an eligible person and not disqualified to act as guardian of Proposed Ward and is a proper person to act and serve as guardian; and
4.the rights of Proposed Ward will be protected by the appointment of a guardian.
The Court further finds by a preponderance of the evidence that—
1.this Court has venue of this proceeding;
2.Proposed Guardian is an eligible person and not disqualified to act as guardian of Proposed Ward and is a proper person to act and serve as guardian;
3.Proposed Ward lacks the capacity to manage the funds payable to [him/her] by the federal government; and
4.no interested person has applied for the appointment of appraisers, and none is deemed necessary by the Court.
IT IS THEREFORE ORDERED that [name of proposed ward] is adjudged an incapacitated person for whom the appointment of a guardian is necessary to receive funds due [him/her] from the federal government.
IT IS FURTHER ORDERED that [name of applicant] is appointed guardian of the estate of [name of proposed ward], an incapacitated person for whom the appointment of a guardian is necessary to receive funds due [him/her] from the federal government, and bond is hereby fixed in the sum of $[amount].
IT IS FURTHER ORDERED that appraisers are waived.
IT IS FURTHER ORDERED that when [name of applicant] has made the bond and taken the oath as required by law, the clerk of this Court shall issue letters of guardianship to [name of applicant], which shall be effective up to one year and four months after issuance.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]
[Name]
Attorney Ad Litem
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]