The best defense for someone who is unable to make wise decisions for themselves due to old age, illness, disability, or other circumstances may be legal care. You should be aware of what guardianship is and how to obtain it, regardless of whether the individual in need is an elderly parent, your child, or an adult with special needs.
This blog answers often asked questions including how to petition for guardianship, how to get guardianship of an adult, and what to expect during the legal process.
What Is Guardianship?
Guardianship is a legal relationship whereby a court grants one person (the guardian) the authority and responsibility to care for another person (the ward), who is unable of managing their personal, financial, or medical affairs.
There might be a need for guardianship when:
- Kids whose parents are dead, in jail, or not able to take care of them
- Adults who have serious mental illness or problems with their development
- People over 65 whose minds are getting worse, like those with Alzheimer’s or dementia
What Does It Mean to Be a “Legal Guardian”?
A court has officially named a legal guardian to make decisions for a child. You can choose from these:
- Medical and health care
- Living arrangements
- Education (for minors)
- Legal matters
- Financial management (if granted conservatorship or guardianship of the estate)
There are different types of guardianship, depending on the situation:
- Temporary guardianship – Same authority as full guardianship, but for a limited amount of time
- Full guardianship – Includes all personal and financial responsibilities
- Limited guardianship – Grants decision-making powers only in specific areas
How to Get Guardianship
Understanding that guardianship of a minor or adult is a legal process requiring documentation, evidence presentation, and often court attendance will help you decide how to proceed.
Steps to Obtain Legal Guardianship:
1. Decide if you need a guardian.
Consider this:
- Is the person unable to make safe, smart choices?
- Is there a simpler way to do this, like a power of attorney or an advanced order?
If someone is legally unable to take care of their own affairs and needs help, guardianship might be the right choice for them.
2. Get in touch with a lawyer about guardianship
You can file on your own, but if you work with a guardianship lawyer, they will check that your petition is valid and increase your chances of getting it approved.
3. Request something from the court.
You will need to file a claim with the right family or probate court. In most cases, this means:
- The proposed guardian’s background
- The reason for seeking guardianship
- Medical documentation of the ward’s incapacity (for adults)
- Notification of interested parties (relatives, caregivers, etc.)
4. Attend a Court Hearing
The court will look over your case and decide if guardianship is best for the ward after hearing any complaints. You may have to speak or give evidence.
5. Court Appoints a Guardian
If the judge agrees, you will be publicly named as the parent. You might have to pay a fee and go through training if you want to be the estate’s guardian.
6. Fulfill Ongoing Responsibilities
Guardians must do the following:
- Report to the court often
- Keep good records
- Always think about what’s best for the ward.
How to Be an Adult’s Guardian
If an adult has Alzheimer’s, brain damage, or a serious mental illness and can’t take care of themselves, they might need a guardian. Although the procedure for gaining guardianship of an adult is same to that of a minor, typically it involves:
- More detailed medical evaluations
- Stronger legal safeguards to protect adult autonomy
- Consideration of any existing power of attorney or advanced directives
The court must be convinced that the adult is unable to make decisions and that no less restrictive alternatives exist.
What do you need to do to end guardianship?
Guardianship can end if the child gets better or if it is shown that the parent can’t do their job. The court needs to see proof that things have changed before they can close the case.
For example:
- A child becomes an adult.
- An adult can make choices again.
- A guardian either forgets to do their job or wastes money.
You can end the order, but courts put the ward’s safety and security first. It’s not always easy, especially when others don’t want it to happen.
How to Apply for Guardianship
Here are the steps you need to to when applying for guardianship:
- You can get the official forms you need from your local estate court.
- Send in proof, such as a medical certificate.
- Let everyone who wants to know know.
- Pay the court’s filing fee (it might be waived).
- At the meeting, show your case.
Having a lawyer with you can help you avoid making mistakes and get things done faster.
What Does GuWhat Does It Mean to Be a Guardian?
As a guardian, you are legally responsible for the health and safety of someone else. It has:
- Putting the needs of the ward first and taking care of money (if you can)
- Choosing health care
- Getting papers ready for the court
- Staying in touch with everyone involved
Guardians must follow the law, and if they don’t, they can be fired.
Is guardianship more important than power of attorney?
In fact, being a guardian is more important than having a power of attorney (POA). If there is already a legal POA and the person is acting sensibly, the courts may not name a guardian. Guardianship, on the other hand, is more important than a POA.
Final Thoughts
Guardianship is a great way to keep people safe who can’t take care of themselves. For families dealing with difficult situations, it can provide comfort even if it entails a major legal process and personal accountability.
Approach this decision with compassion, preparation, and legal advice whether your questions are about how to obtain guardianship, how difficult it is to terminate, or whether guardianship overcomes custody or POA.
The Mozell Law Group PLLC can help you understand your responsibilities or file for care. We offer experienced legal help for care cases involving kids, adults, and people with disabilities.
Contact us right away to set up a meeting and make sure your loved one’s safety is clear and certain.
