The guardianship process is a complex process with many moving parts. The very first step, however, can often be the most challenging. When a petition for guardianship is filed, you must file with it, proof of the person’s disability. This is a certificate completed by the disabled’s physician, psychiatrist, psychologist, nurse practitioner, or licensed social worker (or a combination thereof). But, what happens when the disabled does not want to be examined for guardianship purposes? This is when it can lead to some complications.
Addressing a Complication
There may be several reasons why the disabled does not want to be examined. The first is that there is a person in the household who does not want the disabled to be examined. That could be the spouse of the disabled. Or, this could be another family member or caretaker who, for various reasons, may not want the disabled examined. These reasons could range from not acknowledging that the person is disabled to elder exploitation that the other member of the house wants to keep secret the extent of the person’s disability as to expose that disability may threaten their ability to get money from the disabled.
Person in the Household Refuses to Allow the Disabled to be Examined
If there is a person in the household that refuses to allow the disabled to be examined and there is a reason to believe the disabled may be at risk unless a guardian is a appointed, then the guardianship petitioner may ask the court for a hearing to force the disabled to be examined. This means that instead of the normal one hearing requirement, that there will be at least a two-hearing requirement. At this hearing, you will need to prove there has been a refusal for examination and prove the person may be at risk unless a guardian is appointed. If the court grants your request, they will then have the disabled examined by two physicians. If both physicians agree that the person is indeed disabled, then the case proceeds to the next hearing regarding who is to be appointed guardian.
But, what happens if there is no one else in the house and therefore the only person refusing is the disabled person herself? Stay tuned for the next blog entry.