Becoming a Legal Guardian: Forms

Answer 1

A legal guardian is the person who legally takes responsibility for another individual. This might include making legal, personal care, health care, financial and educational decisions for that individual, and it may also decide where that person will live or perhaps even housing the person who requires a guardian. Often, becoming a legal guardian will require file paperwork with the court in their jurisdiction, and it may also require appealing to the court in order to earn the right. In some instances, the parents of the individual will name the legal guardian.

When the subject of legal guardianship comes up, folks think about children. For instances, children will need a guardian if their parents die, or if they are either unable or unwilling to properly care for them. However, there are cases where adults require guardianship, such as those with severe disabilities who are unable to physically care for themselves. Similarly, adults with mental disorders that render them unable to make a coherent decision will typically require guardians.

The path to becoming a legal guardian will vary between places, and different countries or even different regions inside a country will have varying guidelines. However, in most cases, becoming a legal guardian requires filing the correct forms pertaining to their jurisdiction, as well as paying fees and proving that they are able to be the guardian of the person in question. Sometimes, this can mean submitting to interviews, background checks and home studies.

Sometimes, the process to becoming a legal guardian can be straightforward and easy, such as if the parents have stated and named a person should be the guardian in their will. Provided there is no contest to this arrangement, the process will be simple. Should someone wish to be a guardian and another contests this change, then there can be a long legal battle. This could happen when someone wants to gain guardianship for someone whose parents are alive.

Because it can be complex and difficult to obtain legal guardianship in some cases, it is very highly recommended that the person who wants to become a legal guardian to another individual to speak with an attorney for the purposes of advice. An attorney who is specifically experienced in assisting others in cases of guardianship is often well versed in the laws of that jurisdiction and can assist with ensuring the case goes well. Some attorneys may also provide a free consultation.