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A legal guardian is authorized to make decisions in the best interest of another person who is seen as incapable of making those decisions. Legal guardians are most often appointed for children, but are sometimes appointed for people with physical or developmental disabilities. This page provides an introduction on how to become a legal guardian. Please note that regulations, requirements and definitions may differ from state to state.
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A legal guardian is authorized to make decisions in the best interest of another person who is seen as incapable of making those decisions. Legal guardians are most often appointed for children, but are sometimes appointed for people with physical or developmental disabilities. This page provides an introduction on how to become a legal guardian. Please note that regulations, requirements and definitions may differ from state to state.
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Introduction
- Becoming a legal guardian can sometimes be a complex process of legal proceedings. The specific procedures and requirements differ from each state, but there are general similarities.
Step 1: Responsibilities and Obligations
- As a legal guardian, you will have the opportunity to assist someone who need your help to make daily decisions about health care and other aspects of daily life. You also have responsibilities of providing that person with food, clothing, shelter and other necessities. The person may or may not be related to you. Often, legal guardians are appointed to care for children. In some states, guardianship and conservatorship, the responsibility of making financial decisions for someone else, are the same. In other states, they are different.
Step 2: Automatic Guardianship
- Legal guardians are most often appointed for children. In many states, parents are automatic guardians of a child and do not have to apply to become guardians. Parents usually also have the power to decide who will become the legal guardian of a child if they should die.
Step 3: Guardian ad Litem
- Sometimes, a guardian ad litem is appointed.
- A guardian ad litem is responsible for making only certain decisions on behalf of another person.
- The appointment can be a long term solution or an interim option until a legal guardian is appointed.
- A guardian ad litem is authorized to make decisions about one or several specific areas.
- A guardian ad litem might be appointed to represent a child in a divorce case or other legal proceeding.
- A guardian ad litem is often temporarily appointed when you apply to become a legal guardian. The ad litem guardian is responsible for looking out for the person's best interest by giving their opinion if he or she needs a legal guardian.
Step 4: Filing a Petition
- Specific requirements and regulations to file to become a legal guardian differ in each state, but the process usually goes through the following steps:
- File a petition, usually in the jurisdiction where the person lives. You usually need to include medical documents or other sworn statements that certifies that the person in incapable of making the decisions.
- An evaluation takes place.
- If the person disputes the petition, a trial is held and the judge might ask for more evidence.
- If the person does not dispute or is not capable to respond, a hearing takes place. Witnesses are called to support the need for a legal guardian. If the evidence supports the need and you are considered an appropriate guardian, you are appointed as such.
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