If you have a loved one who needs someone to take care of them, you may be wondering how to become a court-appointed guardian. This process can seem daunting. It’s possible to do on your own but, when you’re dealing with a situation like this that can have a lot of legal roadblocks, it’s generally best to hire a competent lawyer for legal help.
Medical and financial durable power of attorney will grant you the same legal powers as guardianship without the process of going to family court. If you need a notary to bring you a durable power of attorney, click here and we’ll help you with this immediately.
If the adult is unable to sign because of physical limitations or they’re deemed incompetent and not allowed to sign a durable power of attorney, you’ll need to start the process of filing for guardianship for your family member.
Call now and we will get you in touch with a company we’ve found to be an excellent source for help with filing for guardianship for your family member.
Becoming a Court-Appointed Guardian
Requesting a hearing for guardianship & filing fee
The first step to obtain guardianship is to go to your local courthouse or where you’ll be filing for guardianship within family court and pay the required filing fee. This filing fee will be different in courts across the country. Some courts charge nothing, others charge $45 or more. Once you’ve filed your petition and paid the filing fee, the court clerk of the family court will then decide on a date for the court hearing.
On the court date, as the petitioner, you’ll need to present evidence to the judge of the family court that the person you request to become a guardian for is unable to take care of themselves, like an incapacitated person or usually a child. You can ask the court in the form of testimony from doctors or other professionals, as well as character witnesses who can attest to the fact that the individual isn’t capable of making financial decisions or medical decisions for themselves.
You’ll also need to prove to the court that you’re an adult capable of handling the responsibility of being a court-appointed guardian.
If the court finds that you’ve met your burden of proof during the court date, they’ll appoint you as guardian. Once you have been appointed, you’ll be responsible for making all major decisions on behalf of your loved one. This includes decisions about their medical treatment and their living situation.
What is Guardianship?
Guardianship is a legal relationship created when the petitioner is appointed by a court to care for another person who cannot care for themselves. A guardian has the responsibility to make decisions about the ward (the person who is being cared for). This includes where the ward lives, healthcare, and education.
A guardianship can be voluntary or involuntary. A voluntary guardianship is one in which the adult who will be serving as a guardian agrees to serve in that capacity. An involuntary guardianship is one in which the court appoints a guardian after determining that the individual cannot care for themselves and that it would be in their best interest to have someone else make his or her decision on their behalf.
There are two types of involuntary guardianships: plenary and limited. In a plenary guardianship, the guardian has all of the powers and duties that are set forth by state law. In a limited guardianship, the guardian has only those powers and duties that are specifically assigned to them by the court.
Who can be a Guardian?
In most states, any adult can ask the court who’s willing and able to meet the duties appointed by the court to obtain guardianship. However, there are some exceptions to this rule. For example, in some states felons or individuals who have been found to be incompetent by a court cannot serve as guardians. Additionally, some courts will give preference to family members or close friends when appointing someone to serve as a guardian.
Temporary guardianship
Temporary guardianship can be granted to an individual temporarily in some situations. For example, if a child’s parents are going to be out of the country for an extended period of time, they may ask a court to appoint a temporary guardian for their child.
Permanent guardianship
Permanent guardianship is typically only granted when it’s determined that the ward will never be able to care for themselves and that they’ll need someone to make decisions on their behalf for the rest of their life.
What are the Duties of a Guardian Under Court Appoint?
The duties of a guardian vary from state to state, but there are some common duties that all guardians have. These include:
- Making sure that the ward has food, clothing, and shelter
- Making decisions about the ward’s home and medical care
- Making sure that the ward receives and complete any necessary education or training
- Protecting the ward’s assets, property, and managing their finances
Filing Court Appointed Guardian
The process for becoming a guardian varies from state to state. In some states, you must petition the court to be appointed as a guardian. In other states, you may need to fill out an application and submit it to the court.
Once your application is submitted, the court will review it and decide whether or not to court appoint you as guardian. The court will also appoint someone to investigate your background and make a recommendation to the court about whether or not you should be appointed.
A legal guardian is appointed by the court to take care of a minor and make all legal decisions for them. This person will act as both a guardian and a parent. They’ll make sure the child lives with them and care for that child. To become a legal guardian there are some steps a person will need to take and they’ll need to be approved by the court.
Becoming a Guardian
Before obtaining guardianship, you must go to court where you will make a formal request. They need to make sure that you’re ready to take on the responsibility of caring for a child. When filing for guardianship, you need to be responsible and you’re going to need to give the court status reports on the minor.
You also need to make sure you’re eligible to apply for a guardianship case, as the court will look into your living situation and background. Also, when you file for custody, the child has to be under the age of 18 years old and must not be emancipated as ordered by the court. In addition, the adult filing for court appointed guardian needs to show they can provide for the child and meet their basic needs.
The child will be seen by a doctor to determine their capacity. To obtain guardianship, you may possibly also need to be seen by a psychologist to determine if you’re ready to take on the responsibility of the child. You need to show that you’re responsible.
There are some things that the court will look for and if found, they may not appoint guardianship. If you have a criminal record, including violent acts, you may be turned down in guardianship cases.
In a guardianship case there cannot be a conflict of interest, and as the one filing for guardianship you can not benefit monetarily if you care for the child. You’ll act as the child’s parents. You need to show that you have a stable home, a job, and can keep a household functioning. Minors aren’t allowed to become legal guardians of other minors. You must be an adult to become a legal guardian.
If two people are eligible and both requests to become legal guardians of a child, they’ll ask the court, and the court will decide. They’ll look at the ability of each adult that filed to care for the child. If both people are qualified to serve as a general guardian, they’ll select the one that’s related to the child or the next of kin.
Guardianship and Estate
A person must file legal forms and other papers to show that they’re going to become the guardian of a person and not their estate. Guardianship of a child means that you’re responsible for the child including their complete care, medical treatment, and education.
You’ll need to make sure you meet the child’s basic needs, that they’re able to attend school, get the medical care they need, and make sure they’re not subject to harm. Guardianship of an estate means that its assets will be used in its best interest. This is another set of paperwork and other forms that need to be completed and approved by the court.
Representation
In a guardianship case, the petitioner should have an attorney to represent them and make sure that the petition is filed correctly. It can be difficult to navigate the process to petition and ask the court permission. There are many attorneys that specialize in this area of the law and you can ask them for personal service and advice.
There are some courts that may not want to hear the case unless a potential guardian is represented by an attorney. If you are unable to afford an attorney there may be low cost options. You should check with community social services agencies, or you can even inquire in the courthouse about representation.
Legal Paperwork
If you’re ready to serve as a legal guardian and you don’t have a reason as to why you would be rejected by the court, you’ll go to the next step and fill out the legal forms. This is where an attorney can be of assistance. Some of these forms can be found online. If you’re unsure of how to fill the forms out or where to find them, you should seek legal assistance.
One of the main forms that you must file is the petition for the appointment of a guardian. This will ask you for your name, birthdate, address, contact information, and information about the child. You’ll need to explain why the child needs a legal guardian and why they’re unable to be cared for by a parent. You’ll need to show if you’re relatives with the child or how you’ve come to know the child. You’ll also need to explain how you’ll care for the child and why you should have the responsibility of caring for that child. You then must file this form with the court and for it to be reviewed. If it’s approved, there will be other steps that will need to be continued as part of this legal process.
Once the forms have been processed and approved, a notice of the hearing is sent out. This is a document notifying all parties involved of a court hearing. If either parent of the child is still in the picture, or if there are other relatives they will get a notice of the appointment. Foster parents may also get the notice if they’re involved. The county and the state social services department will be invited to the hearing. This notice shows that a person has requested to be the legal guardian of a child and that a court date has been set to make this determination. The time and the date of the hearing will be on this form and all parties should attend.
There is another form that you must file. This is the duty of a guardian form. This will go over all of the details and the expectations that the court requires of a guardian. This will be everything from making sure the child has a stable place to live and to make sure they go to school. You need to review the document and sign it as a statement that you understand these requirements. The document will then be included with the other paperwork that needs to be brought to the court.
Court Clerk
When you have the forms ready to go they’ll need to be filed with the court clerk. You can file the forms on their own or you can have the assistance of a lawyer. There will be a fee for filing the forms. This fee may vary from state to state and even in different counties. In some places, it may be a couple of hundred dollars. In states such as New York, there is no fee to file for guardianship in the family court system.
The clerk of courts will review the paperwork to make sure it’s filled out completely and correctly. Once the forms have been approved by the clerk the petition hearing date in court will be set. Once the appointment date is set, all parties of relatives, either parent, and any other relevant adult, will be invited by the court.
There are some clear directions when it comes to this and things may vary from state to state, so it’s important that you check with your local agencies, court, county, or clerk, so you know what to expect and a general timeline for the court date. In some states, it’s fine to have the petition hearing date delivered to interested parties in the mail. Some states will require that an officer from the court deliver the notification in person. You may need to be prepared to pay the extra fees. If the court cannot get in touch with a party you should speak to your lawyer to find out what will happen next. You are not allowed to deliver the notice. It needs to be done by a court officer. In most cases when the notice is delivered it will need to be signed for. The person accepting the notice has to be over the age of 18 and the court will need to see proof of service attached to it.
Preparing for the Family Court Hearing
It’s necessary to bring all of the required documents to the petition hearing. A lawyer will tell you what you need to bring. There will be court documents. There also needs to be proof of things such as housing and other areas that are requested by the court. You need to have all of these documents ready to go. A lawyer may need to review them and make sure you have everything that the court would want to see.
The lawyer will need to present evidence to the court as to why a person needs a guardian. This will tell the story of the child and why they’re unable to be cared for by either parent. Some parents may be deceased while others may be incapacitated. This will show why they aren’t able to take care of the child.
The guardian will need a statement as to why they can take care of the child and how they’ll be able to provide for them. This person will need to tell about their schedule and what they can do to benefit the child. They’ll need to show that they can help the child get the care they need. They need to show they’ll get the child to school and take care of their medical needs. If the child is young they need to show how they’ll provide care to the child around their work schedule or have a care center lined up.
The court may require witnesses at the petition hearing. These can be friends or other relatives that will testify about the moral character of the guardian and if they can care for the child. This can include people with direct knowledge of how to care for the child. It’s always good to have people say positive things on the behalf of the person that filed the petition to be the guardian.
The Hearing
It’s essential to show up for the petition hearing and to be on time with all of the required documents. The person filing the petition will need to answer questions about why they should be the guardian of the child and what they’re going to do to care for the child. They may need to answer questions about the support system they have to help them care for the child and people they can contact in case of an emergency. The judge may ask about the work situation of the guardian and how they’re prepared to financially care for a child.
At the hearing, there may be some parties that don’t agree with the person that’s going for guardianship. They’re not to respond to these people. The lawyer will handle that. This person should just sit down and listen. They should not respond or take any actions that show they’re vengeful. The judge will handle the comments and ultimately decide.
There may be some that disagree and all this person needs to do is show class and listen. They should trust their lawyer. There may be no objections to guardianship and that will make the hearing go smoother. The lawyer can handle any rebuttal statements if needed.
Court Order
The judge will review the paperwork and they’ll listen to all of the parties at the petition hearing. They’ll make the decision if this person will become the guardian of the minor. If each parent is alive and they’re present, they need to agree to guardianship. If each parent is in agreement, in most cases, the judge will not post any objections. If either parent objects the judge will need to look at the information more closely. If a guardian is staying with both or either parent, the judge will often approve the request for guardianship. If the parents aren’t at the same property the judge will need to look at their actions and why they cannot care for their child.
In order for the child to be removed from their custody, the court will need to determine if they’re unfit to care for the child and that harm may come to the child under their care. The court needs to determine that the person caring for the child is in the best interest of the child.
In this case, it would be granted.
Even with the best intentions, the court may deny the petition for guardianship. In this case, a person can apply for guardianship again or they can work with a lawyer to file an appeal.
Status Updates
A guardian will need to check in with the court to show that they’re still caring for the child and to update the court on the progress the child is making. This person may need to go through the clerk of courts to file paperwork and to respond to any order. The order will then be passed on to a judge.
This person may need to refile their paperwork at this time. The court will then go about the process of scheduling a new hearing. If the child was still living with this person they’ll need to provide additional information about the health, medical care, school records, and other information related to the child. The judge will review this information to make sure the child is doing well. They may need to speak to the child if they’re of age and make sure things are fine.
When a person is first granted guardianship they’ll need to report to the court every couple of months. When the judge is confident that the child is being cared for, the arrangement will become less frequent. There may be annual visits. The judge needs to know that the child is being cared for and the arrangement with the guardian is working out in the best interest of the child.
If a person is going to be out of the country for an extended period of time they’ll need to let the court know. They may need to provide additional information about who will be caring for the child in their absence. The court may not grant permission for this person to leave the country with the child if they’re not comfortable with the arrangement. This person should always get approval from the court before making any major changes in their life that will impact the care of the child. This includes getting married, moving, or changing jobs. The guardian needs to show that they’re still able to care for the child and provide stability in their life.
Conclusion
Becoming a guardian can be a difficult process, but it’s worth it if you are able to provide a stable and loving home for a family member in need.
If you’re considering becoming a guardian, make sure to speak with an attorney or county clerk to better understand the process and what you’ll need to do in order to succeed. Once you have been appointed as a guardian, remember to stay in communication with the court and keep them updated on any changes in your life or the child’s life, as this could impact your guardianship arrangement.