What Happens After an Article 81 Guardian is Appointed

If a guardian is appointed, the court will normally require that a separate form, an Order and Judgment, be submitted for approval and signed by the judge. The Order and Judgement is a legal form that provides detailed information about the court’s findings, including:

• the alleged incapacitated person's circumstances
• the need for a guardian or guardians
• the type of guardianship, including the powers the guardian or guardians will have
• the name of the guardian or guardians
• the duties and responsibilities of the guardian or guardians
• the guardian or guardians' reporting requirements
• whether or not the guardians will need to obtain a bond, etc.

The court will typically require that the petitioner submit a draft Order and Judgment and serve it in person on the alleged incapacitated person, or if represented, on their attorney, giving them the opportunity to object to any part of the draft. The court will sign the Order and Judgment, perhaps after making any necessary changes.

After the judge signs the Order and Judgement, it is filed with the County Clerk’s Office. The petitioner then must send a Notice of Entry along with a copy of the final Order and Judgment, to all those who received a copy of the Verified Petition. A Notice of Entry lets everyone know that the Order and Judgment is final and has been signed and entered by the court.