Probate - General

Serving as a Guardian or Conservator - How long are Letters of guardianship or conservatorship valid?

Letters are valid until the guardianship or conservatorship is terminated; however, some organizations and/or institutions may require Letters to be updated or recertified if they are more than 60 days old.

Serving as a Guardian or Conservator - If a person receives notice of a hearing, is it mandatory that the person attend?

It depends upon the person’s relationship to the case and the kind of hearing that is being held. The ward, guardian, or conservator should attend unless counsel advises them not to do so. Hearing notices are sent to all persons interested in a proceeding so that they are kept informed of the progress of the proceeding. If the person who receives the notice has information important to the proceeding, that person should attend and present the information to the Court.

Serving as a Guardian or Conservator - My ward has disappeared; how do I find the ward?

If a ward has disappeared suddenly, the disappearance should be reported to the police. If the ward has been missing a long time, a report may not be necessary. Consult your counsel regarding the choices that are best for your situation.

Serving as a Guardian or Conservator - My ward refuses to cooperate with me; what should I do?

A guardian has a legal duty to act in the ward’s interests to ensure that the ward receives the care that the ward needs and lives in an environment that is appropriate for the ward’s needs. At times, performing this duty involves taking actions for the ward’s best interests that the ward will not like. Sometimes, a petition post appointment can be filed when there is a need to settle a dispute between the guardian and the ward.

Other Questions - Is mediation available in Major Litigation (LIT) cases?

Yes. Mediation is included in the Initial Order and is held after the filing of the joint pretrial statement and before the pretrial conference. The court may also order mediation at any time it deems appropriate, and parties may request a referral to mediation by motion filed with the court.

Getting Started - Why is written verification of assets required?

A written Verification of Assets is required because it confirms an asset’s value and type and confirms for the Court that the case is within the jurisdictional limits of a small estate. All assets are included in the final order, and the amount of the asset must be exact to the penny or the distributions included in the final order will be incorrect.