How to Prepare Legal Guardianship Papers

A legal guardianship may be sought for various reasons. An adult may be unable to make decisions and be incompetent, a child may be an orphan or a disabled person may be unable to perform certain daily tasks. In any case, the situation may require a legal guardian to be appointed. A legal guardian is a court-appointed role where the appointee must act in the best interests of the person represented.

Things You'll Need

• Legal forms
• Access to legal research

Instructions

How to Prepare Legal Guardianship Papers

1. Locate the jurisdiction in which the guardianship is sought. This can be identified by checking with your local court. Most courts have Internet sites which provide this information.

2. Contact the court and request the procedure for filing the guardianship paperwork. Be sure to explain if the guardianship is for a particular, limited use; for instance, a guardianship is sought for handling a person's financial affairs. In addition, ascertain the appropriate court fee involved in filing the paperwork and find out how the payment may be made.

3. Research the jurisdiction's law to find out exactly what evidence and documentation must be filed with the guardianship application. Check to see if there is a local law library at your court as many courts offer public law libraries Alternatively, check online at legal research web sites, such as www.westlaw.com or www.lexis.com. These sites will charge a fee for usage. Once you obtain what documentation must be submitted with the guardianship petition, be sure to obtain all necessary records.

4. Obtain the appropriate legal guardianship forms for your jurisdiction. These forms may be purchased at a local law office supply store or by going online and searching for the forms required by your jurisdiction. Be sure to obtain the instructions for the forms. Many times, the instructions are on a separate document, so make sure to ask for the instructions.

5. Complete all required forms and attach any documentation. Be sure to check if the papers require a notarized signature, as most court filings do require a notarization. If so, sign the papers in front of a notary public as opposed to pre-signing the paperwork, as a notary must witness your signing the document. Thereafter, file the papers with the court.

Tips & Warnings

• Check your local bar association for any helpful guardianship reference materials.

• This does not constitute legal advice. Always check with an attorney prior to taking any legal action.

References

• Expert Law What is A Guardianship?
• National Guardianship Association
• Westlaw