The guardian ad litem is an attorney who will represent the proposed protected person’s legal interests in the guardianship proceeding. The court visitor will typically visit the proposed protected person and interview him or her, the caregivers, and the family. The guardian ad litem and the court visitor are the independent “eyes and ears” of the judge. The court visitor will make a written report to the court. The guardian ad litem will make an oral report to the judge at the hearing.

At the hearing, the judge will hear evidence presented from the qualified healthcare professional, the guardian ad litem and the court visitor and others and will determine if the evidence is sufficient to prove that the perspective protected person is incapacitated and in need of a guardian and conservator. The evidence must be clear and convincing and show that guardianship is appropriate and required. Ultimately, at the hearing, the judge will decide who/what entity will act as guardian and/or conservator and what the authority of the guardian and/or conservator will be. This process normally takes two months.