How to Acquire Legal Guardianship Papers
There are situations in which a person is unable to take care of his day-to-day needs. In such circumstances establishing a guardianship for that person is an appropriate solution. If there is a person in your own life that you believe is unable to appropriately tend to his daily needs, you want to obtain guardianship papers. There is a specific procedure in place through which you are able to obtain legal guardianship papers over a person in need of assistance.
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Instructions
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Obtain from the court clerk either a standard form for or a sample of a petition for guardianship. Court clerk offices typically maintain these types of reference materials to assist people like you in obtaining legal guardianship papers
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Make arrangements for a doctor to examine the person who you believe needs a guardianship.
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Obtain from the examining physician (or psychiatrist, depending on the circumstances) a report on the status of the individual in question.
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Prepare a petition for guardianship using the standard form from the clerk's office or following a sample provided.
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State in the petition the specific reason why you feel the person in question needs a guardian and why you feel you are an appropriate person for the court to appoint to that position.
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List within the petition the names of all "interested parties." Legally interested parties include any immediate relatives of the individual you feel needs to be placed in a guardianship. Make sure you include contact information for these people.
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Attach the doctor's report to the petition for guardianship as an exhibit.
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Sign the petition for guardianship in front of a notary public. This type of legal document needs to be "verified." Verified means that it is signed in front of a notary public on your oath.
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File the petition for guardianship with the court clerk.
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Send a copy of the petition to all interested persons named in the document.
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Obtain from either the court clerk or the administrative assistant to the judge assigned the guardianship case the date and time for a hearing on the petition you filed.
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Send notification of the date and time of the hearing to the interested persons named in the petition for guardianship.
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Advise the doctor who examined the individual in question of the date and time of the hearing. The judge is likely to want to question the doctor in person about the medical or psychiatric status of the person you feel should be in a guardianship. You may have to request that the court subpoena the doctor to ensure her presence at the hearing.
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Attend the hearing and present all evidence and witnesses in support of the guardianship petition. Following the hearing, provided you make the case that a guardianship is appropriate, the court issues both a guardianship order and letters of guardianship. The letters of guardianship technically are the legal guardianship papers.
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Tips & Warnings
Establishing a guardianship requires a clear understanding of applicable law and court procedure. Your interests--and those of the person you believe is in need of a guardianship--likely are best served with experienced legal representation. You can obtain the names of attorneys who practice in this area of the law through the state and local bar associations. You can contact these organizations through the American Bar Association.
Do not underestimate the responsibilities you assume when appointed as a guardian. You literally are responsible for protecting another person's welfare and well-being.
