Officiallythick

How Can I Become Someone's Guardian?

Posted on 09 Jun 2011 by admin | Filled under: uncategorized

A friend or family member has become incapacitated, physically or mentally, and cannot take care of themselves and their finances. You want to step up to help. What can you do to become their guardian?

1.First, get an attorney to help you with the process

2.Have a complete understanding of the health, living conditions, and finances of the

3.person you want to help

4.explaining the limitations

5.If health issues are at the core of the incapacitation, get a letter from the person's doctor

6.File a petition for guardianship with the probate court in your jurisdiction and notify the incapacitated person and their friends, family, caretakers, and other involved persons within the 60 days prior to the filing. You will also have to pay a filing fee

7.A hearing likely will be held to hear evidence in support of the petition. If the evidence supports the need for a guardianship, a guardian will be appointed

8.The guardian will be issued documents allowing them to legally act on behalf of the incapacitated person

When naming a guardian, the court will take into consideration who the incapacitated person wants as guardian, what their spouse wants, who is named in a will or power of attorney, and the best interests of the incapacitated person, including the person's relationship with the proposed guardian.

A guardian has certain duties to fulfill, including acting in the best interest of the incapacitated person, filing an inventory of the person's assets, keeping the incapacitated person's funds separate from their own, obtaining permission from the court before selling anything of value or for unusual expenditures for the incapacitated person, getting approval before moving the person out of town or state, and filing an accounting every two years.

Guardians have the power to invest money for the protected person, as well as taking care of the following, among other duties:

1.Pay for caretakers

2.Select living arrangements and protect personal effects

3.Medical care

4.Give consent on behalf of the protected person

5.Apply for government benefits for the protected person

6.Enter into contractual agreements on behalf of the protected person