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These terms are used during the court process for appointing a guardian.
The Respondent is the person for whom a guardian is sought, and they have the right to:
- Be present at the hearing;
- Be represented by legal counsel;
- Present evidence;
- Have witnesses present who can speak on his or her behalf; and
- Cross-examine all witnesses who provide evidence.
The Petitioner is the person who presents evidence to the court that a person is unable to take care of his or her own affairs. The petitioner may be a concerned family member or a social service agency like Adult Protective Services. A petition is filed in court, and the respondent and their relatives are notified about the hearing.
The Guardian or Conservator is the person in charge of the person's affairs except as limited by the court order. The judge will consider the wishes of the incapacitated person when appointing a guardian or conservator. Frequently, a family member is appointed to be the guardian or conservator. In other instances, an attorney, a friend of the incapacitated person, or a volunteer is sometimes appointed.
The Guardian Ad Litem is an attorney appointed by the judge to protects the rights of the respondent prior to the court hearing. Before the court hearing, the guardian ad litem visits the person for whom guardianship is being sought. He or she explains the court process and tells the respondent about their rights during the hearing. The guardian ad litem gathers information, and makes a recommendation to the judge. When the guardianship hearing is over, the guardian ad litem's job is completed.
Petitions for guardianship are filed with the Clerk of the Circuit Court. The guardian or conservator goes to the Clerk of the Court after his appointment to post the required bond and to obtain a certificate of guardianship.
The Commissioner of Accounts receives and reviews financial reports from the conservator. The conservator must file reports on a regular basis about the incapacitated person's affairs.
Each year, the guardian must file a report about the guardianship with the Department of Social Services (DSS). DSS staff review the report to ensure that the guardian is acting properly on behalf of the incapacitated person.
