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Filing guardianship papers1/24/2024 ![]() ![]() The Commission believes that most courts would follow a clear and convincing standard, although no particular standard is articulated in the law.Guardianship Benchbook The Advisory Council on Elder Justice in the Courts and the Administrative Office of Pennsylvania Courts The quantum of proof in contested guardianship proceedings is sometimes hard to determine. Guardianship hearings may be closed to the public at the request of the respondent, guardian ad litem, or appointed counsel. Respondents are absolutely entitled to appear at guardianship hearings, cross examine witnesses, and present evidence. 11a-11(a)Ī respondent may request that the court appoint independent medical, psychiatric or other evaluations to attempt to refute allegations made by the experts retained by the petitioner. The jury will determine the issue of disability after hearing evidence. Section 11a-10(b), 11a-11(a)Ī respondent is entitled to a 6-person jury. Requests for counsel by a respondent may be made by any oral or written means, either before or at the guardianship hearing. ![]() A court must appoint counsel when the respondent requests representation or when the respondent takes a position averse to that of the guardian ad litem. If the answer to any of the above questions is "no," confer with the physician or facility staff or referral source to gather necessary information and revise the report accordingly.Ī court may appoint an attorney to represent the respondent, if the court finds that the interests of the respondent will be best served by the appointment.If the doctor relies upon the written statements of others, the names of those persons should appear on the face of the form. Have all others who contributed to the report signed it? Often, exceptional reports are prepared by nurses, social workers, or other care providers.Is the physician's address and telephone number clearly stated?.A statement that guardianship is necessary, without indicating why, may be inadequate. Does the statement both state a conclusion, and give facts or observations upon which the conclusion is based? It should state the physician’s opinion about the person’s decision making capacity and the extent of the respondent’s impairment.One should be able to tell whether the person is comatose, conscious but nonverbal, able to participate in recreational or job programs, or able to live independently with support services. Is the functioning level of the person adequately described? This statement should be descriptive of the person, rather than a bare statement that the person is incapable.An inappropriate diagnosis would be "acute asthma," or "insanity." Is the disability of the alleged person with disability described, rather than a mere statement of diagnosis of medical problems? For example, "Down’s Syndrome, resulting in moderate developmental disability," is an appropriate diagnosis for the purposes of an adjudication of disability.Is the date of examination over three months old as of the date the petition will be filed?. ![]() Is the physician's name clearly legible?.Does the report correctly state the respondent’s name in the caption and elsewhere on the form?.In reviewing a physician's report, consider the following: After adjudication, the report is held by the clerk, but separated from the rest of the court file unless released by the court. Any report dated three months prior to the date of filing the petition is inadmissible and must be updated or redone. In addition, the report should include a short statement of the certification, license or other credentials which qualify any evaluators who prepared the report. ![]() licensed to practice in Illinois), but may be prepared by nurses, social workers or other persons, so long as they also sign. Reports must bear the name of at least one physician (an M.D.
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