• How to Become a Legal Guardian
    By: Christina M.

    Guardians are most commonly appointed for children, but are also appointed for those with special needs and adults with disabilities. If a person is unable to care for themselves, the courts will appoint someone to act as guardian who will be responsible for that person’s health care and day to day living. This may include but is not limited to senior citizens and anyone who may be considered a vulnerable adult.

    Depending upon the state you live in, you may or may not be responsible for the finances of the ward. Oftentimes a conservator is appointed to care for the ward’s finances, or you could be appointed jointly as the Guardian and the Conservator.

    You will need to file a Petition with the court that explains why the ward needs a guardian and that you would like to be appointed. You may need to include proof in the form of sworn affidavits or medical records from physicians to establish the necessity for a guardian. Notification of this petition will be sent out to interested parties which may include family members, parents or spouses, as well as the proposed ward.

    A background check may also need to be submitted unless you are the parent of the ward. There may also be a court appointed visitor that meets with the ward and submits his or her findings regarding whether a guardian is needed.

    A hearing will be scheduled to allow for objection by any of these parties (if there are any) to your appointment as Guardian. If there are no objections to your appointment as guardian and the Judge does not need further evidence, you will receive an order appointing you guardian of the ward.

    Although most forms and instructions for filing a guardianship or conservatorship are available on the state website, you may want to meet with an attorney if any of the following situations may occur:

    ·         The forms are not available or you are unsure of how to complete the forms.

    ·         If there is any possibility that someone may object to your appointment as guardian.

    ·         If you do not understand the process or the responsibility of becoming a guardian.

     

     

     

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    • Thanks for the nice article, it was informative. I have had some experience here as well that I can add to your post. I have found that there is a distinct difference between becoming a legal guardian of a minor in family court versus becoming a legal guardian in probate court. The family court arena for minors typically deals with one parent having serious issues, and a judge commonly would like a child representative or guardian ad litem appointed to investigate and report on behalf of the child. In probate court, oftentimes I have found a judge will ask for a doctor to testify and comment on behalf of the adult to let the judge know and understand the problems or lack of capacity that the adult individual is currently exhibiting. They will then use that information to decide if guardianship is proper.
      By Nick B.
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