The Process of Petitioning for Legal Guardianship of an Adult

Did you know that an adult can also successfully petition for legal guardianship of another adult?

As with parental rights and custody issues in family law, situations arise just as often when an adult may need a legal guardian as when a child does. Adults can’t always make decisions for themselves for various reasons.

An individual who has lost the mental capacity to make decisions may also be in need of a guardian. When an adult needs legal guardian services, the process to get these services differs from a child’s process.

Read on to understand the process of this petition.

Consult an Attorney

The legal guardianship attorney will help the petitioner determine if they meet the requirements to file for guardianship and will also help them navigate the legal process.

Once the attorney has reviewed the petitioner’s case, they will be able to provide guidance on what to expect and how to best prepare for the legal proceedings.

To find more legal guardianship attorneys that best fit your petition, choose someone you feel comfortable with and can trust.

Gather the Necessary Paperwork

In order to become the legal guardian of an adult, you will need to gather certain paperwork. This includes a certified copy of the individual’s birth certificate, a current photo ID, and proof of residency.

You will also need to complete a guardianship application and have it notarized. Once you have gathered all of the necessary paperwork, you will need to file it with the court.

Contact the County Court

Do this at the county where the adult resides. The court will require you to fill out some paperwork and may ask you to appear for a hearing.

Once the guardianship is granted, you will be responsible for making all decisions regarding the adult’s care and well-being.

Attend the Scheduled Hearing

The court will do this to determine whether to appoint a legal guardian. All interested parties, including the adult, should attend the scheduled hearing.

They may appoint a legal guardian for an adult if the court finds that the adult is unable to care for himself or herself and that appointing a legal guardian is in the best interest of the adult.

During the hearing, the court will discuss the responsibilities and duties of the guardian. They are responsible for the welfare and well-being of the individual under their care.

This includes providing for their basic needs, such as food and shelter, and ensuring their safety. The guardian must also respect the individual’s rights and autonomy, and help them make informed decisions about their life.

Understanding Legal Guardianship

This overview helped you understand that although legal guardianship of an adult can be a complicated process, it is important to seek help if you are considering taking on this responsibility.

There are many resources available to help you understand the process and make sure that you are prepared for all of the challenges that come with it. Talk to a lawyer, financial planner, and other professionals to get started.

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