Step One in the appointment process is to petition the Probate Court. The petition should be filed in the probate division of the circuit court in the county where the incapacitated person resides. While an attorney may not be needed for a person to file a petition, one will be necessary to present the petitioner s case at the court hearing. The Greene County Public Administrator, Carolyn Little, does not serve as petitioner. The attorney must visit the client prior to the scheduled hearing to exchange information that would safeguard and advance the interest of the client.
Physicians can usually present a written medical report without having to appear in person.
The court costs of the proceeding are established by law. If a person is declared incapacitated, his estate will pay the costs. If the estate does not contain sufficient funds, the county is required to pay. If the person is not found to be incapacitated , the petitioner must pay the costs. A Status Of The Ward Report must be filed annually in the Probate Court concerning the care, placement and condition of the ward as well as the number and nature of personal contacts.