What Do You Have to Show the Probate Judge to Prove That a Guardianship is Necessary?

West Palm Beach probate lawyers know that probate judges view guardianships very seriously. This is because, if a person person is deemed incompetent and in need of a guardianship, certain rights may be taken away from them. At a court hearing, evidence to show that the potentially incompetent person is, in fact incompetent, and in need of a guardianship, is presented to the court. What evidence proves that a guardianship is necessary? What information should a guardianship lawyer gather before an incompetency hearing in Florida?

A recent Iowa opinion, In Re Guardianship of Monkhouse, discusses this issue. In this appeal, the ward appeals the probate court order establishing a limited guardianship. He argues that his parents, the guardians, did not prove that a guardianship was necessary. After reviewing the evidence and considering the facts presented, the probate court disagreed with the ward. They found that substantial evidence supported the establishment of a limited guardianship. To read the entire case, click here.