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All guardianships begin with a complaint or petition filed in the probate, family or other appropriate court. Unless the parent is competent and consents to the petition, you must also present evidence of incompetence, mental illness or unreasonable spending habits.

Some states have guardianship of the person and guardianship of the estate (property), two different kinds, and others have conservatorship to handle estate and financial matters only.

Some states require a doctor's affidavit for incompetency guardianships.

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17y ago

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