Guardianship Services Handbook
General Information. The Department of Aging and Disability Services (DADS) becomes the legal guardian of an individual when a court finds that the individual is incapacitated and in need of a guardian to protect their best interests. DADS serves as guardian to individuals referred by the Adult Protective Services (APS) Division and the Child Protective Services (CPS) Division of the Department of Family and Protective Services (DFPS). APS refers individuals who are elderly or disabled and whose cases result in valid allegations of abuse, neglect and/or exploitation. CPS refers individuals who are known as Aging-Out Children (AOC) and have been in CPS conservatorship, who are disabled, and substantially unable to provide care for or manage themselves once they become age 18.
DADS and DFPS have joint responsibilities to locate alternate guardians or less restrictive alternatives to guardianship, to determine if there is another individual or entity who is willing, able and appropriate to serve as guardian, or if the proposed ward's conditions and circumstances have been otherwise resolved. When DADS makes the decision to apply for guardianship of an individual or is appointed guardian of either a person or estate, many activities are required in completing the duties and responsibilities of becoming or acting as guardian. This section provides information on the required legal activities from the time the decision is made to apply for guardianship to the time the guardianship is terminated.
Legal Actions and Information
Table of Contents
NOTE: Click on the bold main headings to view sub-topics more quickly.
- General Application Procedures
- Temporary Guardianship – General Information.
- Certificate of Medical Examination or Determination of Mental Retardation in Temporary or Permanent Guardianship
- Successor Guardian – General Information
- Standard Successor Appointment of DADS as Guardian
- Citation and Notice
- Working With Court-Appointed Officials – General Information.
- Guardianship Hearing and Associated Activities
- Annual Review of Guardianship of Estate
- Financial Activities
- Monthly Allowance
- Sale of Real Property – General Information.
- Sale of Personal Property – General Information.