Obtaining legal guardianship for children, adults, or people with mental disabilities is a lengthy process involving social workers, paperwork, and a court date. The three types of guardianship are for minors, adults, or those with mental disabilities. The process involves a home visit, filling out documents, and a meeting with a judge. The judge will decide if the applicant is qualified to be a guardian based on their testimony and evidence.
Obtaining legal protection for another person, whether they are children, adults or people with mental disabilities, is a long process. If you seek guardianship, you are asking a court to hold you legally responsible for the health and well-being of the person in question. You have to work with social workers, fill out paperwork, and have a court date before a judge decides if you’re qualified for guardianship.
When you apply for guardianship, you will generally be applying for one of three things, or guardianship of a minor; guardianship of an adult, such as an elderly relative; or the protection of a person with a mental disability. Obtaining adult guardianship is traditionally the simplest of the three, and child and disabled guardianship is usually much more complicated. All three, however, basically follow the same pattern.
The first step in applying for guardianship is usually a home visit from a social worker. This is an opportunity for a government official to visit your home and do a background check on you and others living there. This is done to evaluate you and make sure you are an appropriate choice for a guardian. It is also an opportunity to work on any negatives the caseworker is experiencing, such as lack of wheelchair access for elderly or disabled people, in order to create a more livable environment.
The next step in applying for guardianship is to fill out the appropriate documents. Your attorney should be able to acquire them, or you can visit the courthouse and obtain them yourself. These ask a series of questions, usually relating to your history, your income, the stability of your home and any past crimes.
The next steps involve telling your current guardians, if any, of your intention to apply for guardianship. Anyone involved, including the child or adult in question, yourself and current guardians, will be required to attend a meeting with a family or probate court judge. At this point, you can present to the court the reasons why you will be a responsible guardian and how the life of the person in question will be improved by your care. This could also be an opportunity for social workers or current guardians to explain why you are not the best choice for this position. Based on your testimony, questions, and evidence, the judge will grant or deny you guardianship.
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