A legal guardian is someone with the legal authority to care and make decisions for a minor child.To become a legal guardian, you have to fill out a number of forms and go through court proceedings.It's important that you take all of the proper steps to become a legal guardian in order to make sure you don't have any trouble in the future.
Step 1: Should you become a legal guardian for your situation?
The court-supervised caretakers are called guardians.The person who is the guardian is responsible for the wellbeing of their wards, as well as handling the person's assets and finances.The guardian is required to report the ward's status to the court.You need to be prepared to act as a legal guardian.In some states, a person is called a guardian.In California, there are two different types of guardianships for children and adults.If you want to become a legal guardian, consider other options.Before starting the process to become someone's legal guardian, think about other ways to protect the child or adult.A power of attorney, living will, health care proxy, and/or a representative payee arrangement are some alternatives you might look into.When the court appoints a permanent guardian, you may be able to file for a temporary one.
Step 2: Make sure your prospective ward is eligible for a guardian.
Children and adults have different eligibility standards.A child can have a non-parent guardian if they are under 18 years of age and have not been emancipated by a court order.If the court finds that the adult is legally incapable, they won't be able to appoint a guardian.It is necessary to show that the person cannot provide his or her own food, clothing, or shelter.Courts in some states will require a statement from a doctor and an attorney to investigate and represent the interests of the proposed ward.It can be difficult to have someone declared legally incapacitated.The process can be further complicated if the ward has substantial property or assets to manage, which may raise issues of federal law.An attorney can handle your case.It's possible to get referrals from friends and family, or from attorneys who aren't experts in the field, but know a colleague who is.Referred services can be found through your state and local bar associations.Non-lawyers may not have their applications heard by some courts.Before you start, verify your court's rules.
Step 3: Make sure you are eligible to become a guardian.
To become a guardian, you need to show the court that you can take on the responsibility.You don't have to be a relative of the ward.You may be ineligible if you have a history of bad conduct, conflicts of interest, lack of education, or are a minor or incapacitated person.If two or more eligible people both want to become the guardian, the court will have to choose one over the other.In Texas, if more than one person seeks a guardian, the court will consider whether the proposed ward designated someone to serve as guardian prior to his or her incapacity.The ward's spouse, next of kin, and then non-relatives will be prioritized by the court in order of priority.
Step 4: The person is in control of the estate.
Depending on whether you want to become the guardian of the person or the estate, your state may require you to submit different forms.Guardianship of the person means that you are responsible for everything from personal care to medical decisions.You will be responsible for any harm the ward causes if it is a child.Guardianship of the estate means that you are responsible for managing, investing, protecting, and disposing of property in accordance with the law and the ward's best interests.
Step 5: You need to fill out the forms.
If you want to become someone's legal guardian, you need to fill out the required forms.All the required forms can be found on your state's judicial branch website.You can ask a clerk at the courthouse for the necessary forms if you can't find them online.A petition for the appointment of a guardian is one of the forms you will need to fill out.The document asks for your name, address, and the proposed ward's name.You will be asked to explain why the ward needs a guardian and what powers you should have over it.There is a notice of hearing.You will give this document to all interested parties, such as parents and other relatives, and your county and state's social services departments.The notice states when the hearing will take place and what the petition is about.There are duties of the guardian form.You will be required to fulfill all of the duties in this document.You have to sign the document and file it with the rest of your forms.
Step 6: The required documentation can be filed with the clerk of courts.
Once you have filled out all the required documents, you will take them to your courthouse and file them with the clerk of courts.You will have to pay a fee if you can't pay.
Step 7: The hearing should be given notice to all interested parties.
You have to give notice to relatives of the ward and state and county agencies after filing your petition.If you want to give the interested parties proper notice, you must follow the directions given to you by the laws of your state.
Step 8: The court is holding a hearing.
The clerk will let you know of your hearing date after youTrademarkiaTrademarkias.You should bring all of your documents with you to the hearing, including proof of service that you gave notice to.There is evidence that the person needs a guardian.You should tell the judge why the person is in need of a guardian.The person's daily routine, what services the person uses or needs, and why he or she is no longer able to manage personal needs and/or property should be described.The judge wants to know why you should be the guardian.Explain what you will do to care for the ward, explain the support system you have in place to help you provide that care, and explain how you are financially stable enough to support another person.Witness testimony about your ability to be a guardian.Call the people who currently care for the person.Ask them to speak on your behalf at the hearing.If there are any objections to your petition, respond to them.Other interested parties may challenge your request to be a guardian.You should try to anticipate those challenges.
Step 9: Get an order from the judge.
Your judge will make a decision after your hearing as to whether you will be named guardian over the person.If the child's parents agree with the guardian, the judge will usually allow it.If one or both of the parents object, the judge will only grant your guardianship if staying with the parent will be detrimental to the child.You can file an appeal if the court denies your petition.Check your state's rules of appellate procedure for time-frames and rules for filing an appeal.
Step 10: The clerk of courts can file your court order.
You will be given a court order if your judge allows you to be the guardian.The order should be filed with the clerk of courts.
Step 11: The court requires that you report the status of your guardian to them.
You will be required to update the court on the status of your ward during the review hearings.You can ask for additional authority when there are new issues with the judge.It is possible that you will be required to attend training or evaluation programs.Be prepared to report your status in those programs to the court if you are told to do so.