When you are deemed the guardian of another individual, you are given a lot of important responsibilities. By legal definition, you are now legally in charge of the food, health care, housing, and other needed provisions of a person who is either full or partially incapable of providing for him or her. Normally, a guardianship applies to an adult who has assumed the responsibility of caring for children. A guardian is not the same as a conservatorship, which regards the assets and finances of a person who is not capable of possessing the assets himself or herself. Sometimes a person will become both a guardian and a conservator, especially if parents perish and pass on the will to a child who cannot yet obtain the money because of age.
In some states, a guardianship is called a conservatorship of a person. In most cases, guardianship regards minors. A person who is seeking the appointment of a guardian must file a petition with the probate court. They will want to choose the court within the jurisdiction of the person that they are trying to obtain guardianship over. Normally, the petitioner is a relative or a close friend. In some cases, people who would like to take an elderly person into a nursing home or living care facility also need to file guardianship petitions.
In order to obtain guardianship, you may need to add medical affidavits into your file when you send your petition. You will want to prove that the person you are requesting guardianship over is somehow unable to care for his or herself. Physical and mental disability, age, and health are all conditions that would possibly qualify a person as incapacitated. If the court needs to, they may arrange an evaluation of the incapacitated person. This may involve a guardian ad litem. This person is appointed by the court on behalf of the incapacitated individual, and will hold a special meeting with that person to remind him or her of his or her rights, and find out what his or her desires are. The guardian ad litem can then relay the incapacitated person's wishes to the court.
Some courts will also require that a doctor inspect an incapacitated individual, depending on the case. The guardian ad litem may also interview the petitioner to make sure that his or her intentions in assuming guardianship are honorable. Once these preliminary exercises are finished, the court will arrive at a decision with the help of the incapacitated individual. If the person who is incapacitated contests the guardianship, then the court will appoint a trial. The judge will determine whether or not the incapacitated person should be given a guardian despite his or her reluctance. If the person consents to guardianship, or he or she is unable to consent, then the court will still hold a heating where witness will support the petitioner and the judge will determine whether or not he or she is a suitable guardian.
In order to become an official guardian, the judge will give the approved individual documents called "letters of authority." These allow that person to make decisions on behalf of the capacitated person. The court will supervise the guardian's choices on behalf of his or her ward; so that they can make sure that the incapacitated person is benefitting from guardianship, rather than suffering. The court will also make sure that the guardian is providing adequate food, clothing, water, and care to the ward.
Once a person is named a guardian, he or she can make decisions regarding the ward's food, residence, health care, and social interactions. The guardian is supposed to consider the wishes of the incapacitated person, and make sure to adhere to that person's personal values. If you are seeking guardianship of an individual and need some help, it may be wise to hire a family lawyer to help your case. This individual can help to show that you will be a sufficient guardian, and possibly further your goals in the court room.