The courts take the granting of guardianship seriously because guardianship would deprive your child of legal rights. Before guardianship is granted, a court must see: A legal guardian, called a conservator in some states, is a person with the legal authority to care for and make decisions about a minor child or adult with a disability.  X Research Source To become someone else`s legal guardian, you must fill out a series of forms and go through one or more court cases.  X Research Source It is extremely important that you take all the right steps to become a legal guardian to ensure that you have the legal authority to make important decisions for the person in your care. Once a court has granted guardianship, there are a few things to know: If your child needs a guardian, guardianship should be designed to help them build and maintain as much independence and self-determination as possible. Guardianship only covers a few areas of your child`s life that are clearly defined by the court. This could cover money, medical choices, housing, elections and whether your child needs permission to get married. After reviewing all the different supports and services and believing that it is in your child`s best interests for you or someone else to have legal control over some or all of their decisions, you can ask the court to give you legal guardianship of your child. After being appointed guardian, there are several other forms that you must submit to the court.
Some forms are required immediately, and others will be submitted in the future. Read on for more information on what needs to be submitted and when. Any person, including a minor, who is interested in the well-being of a child may request that a guardian be appointed for the child. You can apply for guardianship of your child at any time after they reach the age of 18, but it can take several months for all documents to be collected. So, if you think there are good reasons why your child needs guardianship from their 18th birthday, it`s a good idea to work on it much sooner. It is important to always know exactly how much money and assets your child has once guardianship is granted. (An asset can be a house, a car, or other things that have value. If your child has more than $2,000 in cash and assets that are not held in a trust, they could lose some of their federal and state benefits. Trusting special needs is a great way to keep things simple. After the presentation and service of the guardianship documents, the proposed guardians and the adult through whom guardianship is sought must appear at a hearing before a judge. The judge then decides whether guardianship is granted.
Read this section to find out what you need to do before the guardianship hearing and what you can expect at the hearing. Read on for an overview of the legal process for applying for guardianship. To become a legal guardian, you must have experience in maintaining and managing property and resources. You must also have a clear criminal record and no conflict of interest with the person you want to protect. Also check if the person is eligible for guardianship. In general, children under the age of 18 may have a non-parental guardian, and adults who are proven to be legally unable to work are also eligible. For more advice from our legal co-author on how to complete and submit the necessary documents, read on. Once you have submitted your completed documents, it usually takes about 30 days for the court to decide whether or not to grant guardianship. If you want to be the guardian of an adult, there are many forms that you need to fill out to open a file. The forms tell the judge about you, anyone who wants to be a co-guardian with you, who you want to tutor, and why guardianship is needed. Read on for more information about the forms you need to fill out and how to open a file.
The judge will decide whether you can be a guardian and whether your appointment would be in the best interests of the child. If the child is over 14 years of age, the judge will appoint a person chosen by the child, unless it is not in the best interests of the child. Guardianship of the person is when a court gives a responsible person (the guardian) full or partial decision-making power for an adult (the community) so that the guardian can protect and care for them. The court must say that the adult is «incapable» (a legal term that states that your child is unable to manage certain areas of his or her life) to establish guardianship. It is not a term to be taken to heart; It doesn`t describe everything about your child, just some of their abilities. If you are applying to be a guardian, you will need to «give» a copy of the petition and a quote to the adult, many of the adult`s parents and possibly other organizations. The court will not give you these documents; You will need to make sure they are properly delivered or your hearing will be cancelled. Visit this section to learn how to properly serve parents and other required agencies.
These are the basic steps required when applying for guardianship.