The petition is filed by whomever is requesting guardianship i e. Caregivers can assume legal guardianship of a child in out of home care without termination of parental rights as is required for an adoption.
A family member or friend doctor etc not by the adult in need of a guardian.
How to get legal guardianship of a family member. Now that you know how important it is for a guardianship to be created for a mentally ill family member you can look into the options you have. Appointment of a guardian ad litem after the petition for guardianship is filed with a notice of hearing scheduling the matter for an open court hearing a minimum of 14 days from the day the petition is filed the court will appoint a guardian ad litem gal who acts as the eyes and ears of the court. To act as someone s legal guardian or conservator the individual petitioning for guardianship must go to court to have the ward declared incompetent based on expert findings.
Asking a family law attorney for help having an attorney can be very helpful for establishing guardianship. However the guardianship process can also be contentious. Should there not be any documents available such as a power of attorney or will the court typically prefers to appoint a spouse parent sibling or some other close relative.
The guardianship process family members go through the legal guardianship process together. For instance a single mother who is suffering from cancer may give guardianship to her son s grandmother while she seeks treatment and recovers. File a petition for guardianship.
Subsidized guardianships provide financial assistance to caregivers who assume legal guardianship of a child in out of home care. Courts assign guardianships in a number of situations including when parents have abandoned a minor when a minor s parents have died or when a minor s parents are incapable of providing proper care for the minor. To be chosen a guardian has to be qualified to serve.
The guardian must themselves not be incapacitated of course. An attorney will understand which forms are necessary how to fill them out and file them properly and what evidence to bring to the probate court hearing in order to ensure that the entire process goes smoothly. A legal guardian may be a friend family member or other person the court feels will act in the minor s best interest.
State qualifications differ but in general to be qualified a guardian must be a legal adult 18 years of age and cannot have a felony or gross misdemeanor record implicating dishonesty forgery bribery etc. A petition for guardianship needs to be filed within the court system in order to start the legal proceedings for the appointment of a guardian.