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How Do You Obtain Guardianship of An Adult?
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.
General steps for obtaining guardianship of an adult
First, ensure the individual for whom you seek guardianship is legally considered an adult in your jurisdiction. Establish that the individual is unable to manage their personal and financial affairs due to a physical or mental incapacity. This sometimes requires a medical evaluation. With eligibility established, you next file a petition for guardianship with the appropriate probate, family court or another specialized court, depending on local laws. Along with this, you need to notify the proposed person for whom guardianship is sought and other interested parties, such as family members, of the guardianship petition.
Following this, a court schedules a hearing. When you attend, a judge considers the evidence, including your reasons for seeking guardianship and any objections from interested parties. If the court determines guardianship is necessary and in the best interest of the individual, it will approve your request to oversee and manage personal care and financial matters for the proposed ward. Make certain to obtain the necessary court orders and documentation confirming your appointment and then comply with any reporting requirements the court imposes.
Common types of guardianship reports
Reporting requirements vary, but as a guardian, your responsibility includes keeping a current and detailed list of your ward’s assets, income, liabilities and financial transactions throughout the guardianship period. Regular accounting of financial and personal well-being assures the court of appropriate care and management of this responsibility. A court might also ask you to detail the living arrangements or any medical care taking place, along with any significant changes in the individual’s health or medical condition.
Prompt notification and timely reporting shows you care enough to stay on top of your agreement. For certain major decisions or transactions, such as selling property or changing established living arrangements, you may need court approval before taking action. Should termination of the guardianship occur or if the individual passes away, a final report gets filed to account for all activity. This ensures transparency and accountability, and it helps you avoid legal problems.