Key Steps How to Become a Legal Guardian

Guardianship refers to a legal process designed to protect people who are incapable of caring for themselves, whether they are minors, incapacitated, or disabled. An individual who needs special protection may be appointed a legal guardian by the court. So, if you wonder how to become a legal guardian, it is better to know all the key information firstmost.

Before Becoming a Legal Guardian

An individual’s legal guardian is responsible for their well-being, as well as making decisions regarding their personal, medical, and financial interests. The guardianship process and legal guardian requirements vary depending on state laws; however, they are always based upon whether there is a legal need for guardianship over the person.

How Do You Become a Legal Guardian of an Adult?

Courts can appoint guardians for adults who are physically or mentally disabled. It is much harder to have a judge appoint a guardian for an adult because this can deprive them of their legal rights. A temporary guardianship form can help arrange this matter smoothly.

Due process of how to become a guardian is required, including service, legal counsel, right to attend any hearings or proceedings, questioning and confronting witnesses, and ability to present evidence on his or her behalf.

How to Become a Guardian of a Child?

Legal guardianship could be required by anyone at any age, depending on the circumstances, but it is most commonly used with minor children. The court can appoint a guardian for a minor if their parents die, abandon them, surrender their parental rights, or are otherwise unable to care for them.

A guardian may be granted two sets of rights: guardian of the person and guardian of the estate. Find out how to become a legal guardian of these two aspects below and how to combine them.

Guardians of minors have the responsibility to provide for the minor’s physical and personal needs, and have the right to consent on their behalf. It is the legal guardian’s duty to provide food, shelter, clothing, and education for the minor. If the child’s parents are living, they are still legally required to provide financial support after a guardian is appointed.

It is the guardian’s responsibility to take care of the minor’s assets until he or she is able to take care of them themselves. A fiduciary duty requires them to manage the ward’s property responsibly.

It is possible to separate these roles, but both sets of legal responsibilities can be given to one individual aware of how to become someone’s guardian. As with most legal matters involving children, the court will consider many factors when appointing guardians, including:

Courts may appoint more than one guardian. Once the family court judge has weighed all the information, including input from any experts, a guardian or guardians may be legally appointed.

In the case of a minor, the guardian acquires parental responsibility. It is their responsibility to feed, clothe, and take care of the child.

However, guardians do not assume the parents’ financial obligations. It is not possible for a court to order a Special Guardian to pay maintenance, for example, or to calculate payments under the Child Maintenance Service (CMS).

How Long Does It Take to Become a Legal Guardian?

Below see the detailed instructions on how to become someone’s guardian, whether it’s an adult or child in need of care.

1. Deciding to become a guardian

Consider whether the issue of how to become a legal guardian is right for you. Guardians are court-supervised caretakers for minors and incapacitated persons who are expected to look after their ward’s well-being as well as handle their finances. Reports on the ward’s progress must be submitted to the court periodically. Being a legal guardian comes with a great deal of responsibility.

Guardianships can only be granted to people who have proven their capacity to accept the responsibility. There is no requirement that you be a relative of the ward.

Ineligible applicants include those who:

1. Have a criminal record, or have shown violence or dishonesty in the past;
2. Have a conflict of interest with the ward, such as owing them an outstanding debt or having the potential to benefit from taking advantage of the ward;
3. Do not have experience providing care or managing resources;
4. Do not have sufficient education to provide care or manage property and resources;
5. Are themselves a minor or incapacitated person.

You might want to consider hiring an attorney. Declaring someone legally incapacitated can be a difficult process that can be further complicated if the person has substantial assets to manage or is Native American.

There are alternatives to hiring an attorney if you cannot afford to do so. Legal aid organizations or aid centers associated with local law schools may exist in your community. These organizations offer legal services free of charge or at a reduced price. Contact the court or search online for these organizations.

2. Filing your forms

Prepare the necessary forms and documents. Most forms can be found online at your state’s judicial branch website. You can ask a clerk at the courthouse for the necessary documents if you cannot find them online. You will need to complete the following forms:

You will take the completed documents to your courthouse and submit them to the clerk of court with the appropriate filing fee. You will be given a hearing date after you file your forms.

You must notify interested parties, including relatives of the wards and state and county agencies after you file your petition. Be sure you review the instructions laid out by your state laws in order to properly inform the interested parties about becoming a legal guardian.

3. Preparing for the hearing

Bring all of your documents to the hearing, including proof of service evidencing that you notified all interested parties. Organize your evidence and papers so that you can find them quickly and present them to the court when asked.

You will need to prove that the person needs a guardian. You should be able to describe the person’s daily routine, the services they use or need, and why they cannot manage their own needs and/or property.

You may be permitted or asked to have friends and family members testify about your capacity as a guardian. Families, neighbors, and current caregivers may be able to assist and speak on your behalf at the hearing.

4. Attending the hearing

Describe your reasoning for being the guardian in response to the judge’s questions. Describe how you will care for the ward, the support system you have in place to assist you, and how you are financially stable to do so.

Answer any objections you receive to your petition. Your request for guardianship may be challenged by others at the hearing. The guardianship process can be a contentious experience, especially if another party feels that you are trying to take away their loved one or gain control of the ward’s assets. Rebuttals should be addressed to the judge rather than to the challenger.

Your judge will decide whether you are named the guardian over the person after your hearing. In guardianship cases involving children, if the parents agree, the judge will typically allow guardianship if it is appropriate. If the parents object, the judge will grant guardianship only if staying with the parent(s) is not in the child’s best interests.

In the event that your petition is denied, you can try again or file an appeal.

You will receive a court order if your judge allows you to be the guardian. You should file the order with the clerk of court.

You will be asked to update the court on the status of your ward at regular review hearings. You should be prepared to provide information on the ward’s health, medical treatment, education, and resource management. At this time, you can ask for additional authority from the judge if any new issues arise.

Initially, the guardianship arrangement may be reviewed every few months, but once the judge is satisfied that the arrangement is working, the reviews will occur annually.

Conclusion

Guardianship is something you must be certain you are capable of handling. Requirements to be a legal guardian can be confusing, so it’s important to do things right the first time. You should contact a family law attorney who can help you develop a plan for the future.

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