These are questions that are often asked about intervention proceedings:

What is an intervention proceeding?
An intervention proceeding is a legal action involving the appointment of a guardian, conservator or both for an incapacitated individual.

When is person considered incapacitated?
An incapacitated individual is an adult who is impaired to such an extent that he is unable to manage his financial affairs or attend to his personal and medical needs.

What is a guardian?
A guardian is a person appointed by the court to make personal and medical decisions for an incapacitated individual (called a ward).

What is a conservator?
A conservator is a person appointed by the court to manage a ward’s the finances.

How is a guardianship or conservatorship established?
Anyone interested in the welfare of a purportedly incapacitated adult may file a petition asking the appointment of a guardian or conservator. While not required, a lawyer is often hired by the petitioner to represent him in the proceeding.

After the petition is filed, the court appoints a lawyer to represent the person that is the subject of the action. The lawyer’s role is to assure that the subject’s rights are protected.

The subject must attend the hearing unless there is a good reason for his absence. The subject has the right to object to the petition, present evidence and question witnesses. Before appointing a guardian or conservator, the court must find, by clear and convincing evidence, that the subject is incapacitated.

When is the hearing held?
Normally, the court conducts the hearing about 45 days after the petition is filed. In emergency or life-threatening situations, a temporary guardian can be appointed immediately.