A court may also appoint a successor guardian if a guardian is unwilling or unable to perform his duties. Any party filing a petition for guardianship usually is required to pay fees for filing, sheriff's fees for the service of summons on the Respondent, and attorneys fees. Although it is not required, petitioners are generally represented by attorneys, particularly in contested guardianship cases. In some cases, the petitioner may pay fees for the services of the guardian ad litem or the physician who prepares the medical report. If the alleged disabled persons has funds, these may be used to pay costs and fees.
Guardianship can be costly and complicated.
In many cases, alternatives to guardianship can and should be used. Guardianship should be considered a last resort, a mechanism by which a person's legal rights are taken away for a sound and necessary purpose. It should never be used in a retaliatory manner or as a convenience for a health care provider or a family member. If you would like to report any errors or inaccuracies with this web page please contact the IGAC Webmaster.