How to File for Parental Guardianship
You file for parental guardianship of an elderly family member or friend when they have not prepared a power of attorney or other legal document. Guardianship gives you the means to make decisions for them when they are incapacitated for reasons such as poor mental health. Once you receive guardianship rights, you are allowed to make decisions for the individual, including financial and medical decisions.
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Instructions
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File for guardianship with the Clerk of Court of the county in which the individual you wish to gain guardianship of resides. The forms required vary by county, but your Clerk of Court will be able to provide you with all the necessary paperwork in that particular county.
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Prepare statements from doctors and any social workers involved regarding the mental or physical health of the individual that you wish to gain guardianship over. In order to gain the right of guardianship, you must have information to demonstrate that the individual is incapable of making decisions for himself.
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Get a hearing date from the County Clerk. Once it is set, you will be informed. The clerk then decides whether to dismiss the petition or declare the individual incompetent.
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Attend the hearing. The clerk will decide who will be the guardian if the individual is declared incompetent. He or she will ask for character references of you from any social workers involved and family member or friends.
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Answer the clerk's questions. You will be asked if you understand the responsibilities and duties required of a guardian and whether you are able to take on the role. If you answer these questions with an affirmative, the clerk will write up the guardianship papers for you to sign that give you guardianship rights over the individual.
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References
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