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How Do You Fill Out Guardianship Papers for Adults?
Date Updated: July 26, 2024
Written by:
Tiffany Amber Stockton, an award-winning author and speaker, excels in crafting narratives on senior healthcare, with an expertise in memory care after helping her grandfather live with dementia. With twenty-six published books to her credit, she uniquely blends literary prowess with a compassionate understanding of the challenges faced by older adults. Follow her on LinkedIn for updates on her distinguished writing career in the realm of professional copywriting and copyediting.
Reviewed by:
Carina has over a decade of experience as a lawyer and legal advisor. She has assisted clients with family and elder law matters, including estate planning, wills, medical care planning and division of retirement assets in divorce. Her expertise extends to litigation, nursing home abuse and Medicare laws. Carina holds a law degree from the University of Colorado and has completed additional courses in estate planning, family and healthcare law.
You can fill out guardianship papers for adults by obtaining the necessary forms from the court or its official website. Which court you use depends upon where you live or the location of the individual for whom you are requesting guardianship. Once you receive the correct paperwork, be sure to read the instructions carefully, fill out the forms and file them in the correct state or county.
Specific process for completing paperwork
Courts maintain their own forms pursuant to requirements established within that county or state. Read through the forms to ensure you understand all the necessary details. Follow the instructions for notifying interested parties, such as family members. Once you have all the required documents and information, complete the personal details sections for both yourself and the individual receiving your care. Specify the reasons for seeking guardianship and detail any physical or mental incapacity. For financial guardianship, provide information on assets, income and liabilities. Also, include any required medical evaluations or physician’s statements confirming incapacity.
Sign and date all required sections, and submit the completed guardianship papers to the appropriate court along with supporting documents and any required fees. Attend the scheduled court hearing as needed, prepared to present your case and answer questions. Consult with an attorney throughout this entire process to ensure compliance with jurisdiction-specific requirements and enhance the chances of a successful guardianship petition.
Requirements for medical documentation
Courts require a recent, detailed medical evaluation from a health care professional on the individual’s physical and mental health to assess their capacity for managing affairs. Link the documented incapacity to the need for guardianship and ensure current information. Some jurisdictions provide specific forms for health care professionals. Use those whenever possible, and then collaborate with health care providers and legal advisors to compile concise and persuasive medical documentation, while respecting privacy and confidentiality requirements.