What is guardianship? Guardianship allows an individual to act on behalf of another individual. A guardianship must be granted by a judge and is done when an individual is incapacitated or when an individual is a minor. Guardianship of a child is governed using the best interest of the child standard and terminates when the child turns 18. Whereas guardianship of an adult requires an attorney be appointed to represent the individual and terminates upon death.
Why is guardianship needed? Once one reaches eighteen they become legally competent despite whether they are fully functionally competent; thus, guardianship provides decision making rights for the individual that is incapacitated or incapable of making decisions.
The respondent needs to be represented by an attorney and the proposed guardian too can benefit from attorney representation. There are several legal forms required for guardianship that need to be filed with the probate court prior to attending a guardianship hearing. Included with the petition for guardianship along with several other farms, one needs to include an original letter from the respondent’s doctor explaining why guardianship would be beneficial, a psychological examination of the respondent and a petition for guardianship of an incapacitated adult, acceptance of appointment.
If you need help or have questions regarding guardianship please contact an Integrity Law guardianship attorney.