Search for it here. Filing for Guardianship over an Adult How to Open an Adult Guardianship Case If you want to be the guardian over an adult, there are many forms you must fill out to open a case. The Adult Guardianship Hearing After filing and serving the guardianship papers, the proposed guardians and the adult over whom the guardianship is requested must appear at a hearing in front of a judge. After the Adult Guardianship Hearing After you are appointed the guardian, there are several more forms that you must file with the court.
Family Courts and Services Center N. In most states, anyone interested in the proposed ward's well-being can request a guardianship. An attorney is usually retained to file a petition for a hearing in the probate court in the proposed ward's county of residence.
Protections for the proposed ward vary greatly from state to state, with some simply requiring that notice of the proceeding be provided and others requiring the proposed ward's presence at the hearing. The proposed ward is usually entitled to legal representation at the hearing, and the court will appoint an attorney if the allegedly incapacitated person cannot afford a lawyer. At the hearing, the court attempts to determine if the proposed ward is incapacitated and, if so, to what extent the individual requires assistance.
If the court determines that the proposed ward is indeed incapacitated, the court then decides if the person seeking the role of guardian will be a responsible guardian. A guardian can be any competent adult -- the ward's spouse, another family member, a friend, a neighbor, or a professional guardian an unrelated person who has received special training. A competent individual may nominate a proposed guardian through a durable power of attorney in case she ever needs a guardian.
The guardian need not be a person at all -- it can be a non-profit agency or a public or private corporation. If a person is found to be incapacitated and a suitable guardian cannot be found, courts in many states can appoint a public guardian, a publicly financed agency that serves this purpose.
In naming someone to serve as a guardian, courts give first consideration to those who play a significant role in the ward's life -- people who are both aware of and sensitive to the ward's needs and preferences. If two individuals wish to share guardianship duties, courts can name co-guardians. Courts often give guardians broad authority to manage the ward's affairs. In addition to lacking the power to decide how money is spent or managed, where to live and what medical care he or she should receive, wards also may not have the right to vote, marry or divorce, or carry a driver's license.
Guardians are expected to act in the best interests of the ward, but given the guardian's often broad authority, there is the potential for abuse. For this reason, courts hold guardians accountable for their actions to ensure that they don't take advantage of or neglect the ward. The guardian of the property inventories the ward's property, invests the ward's funds so that they can be used for the ward's support, and files regular, detailed reports with the court. A guardian of the property also must obtain court approval for certain financial transactions.
Guardians must file an annual account of how they have handled the ward's finances. In some states guardians must also give an annual report on the ward's status.
Guardians must offer proof that they made adequate residential arrangements for the ward, that they provided sufficient health care and treatment services, and that they made available educational and training programs, as needed.
Guardians who cannot prove that they have adequately cared for the ward may be removed and replaced by another guardian. Because guardianship involves a profound loss of freedom and dignity, state laws require that guardianship be imposed only when less restrictive alternatives have been tried and proven to be ineffective.
Less restrictive alternatives that should be considered before pursuing guardianship include:. Contact your attorney to discuss ways to protect against a guardianship.
Nomination of a Minor's Guardian If the child is fourteen 14 years old, the child may nominate his own guardian; but the judge makes the final decision. If the child is not yet fourteen 14 years old, the court will appoint the guardian for the child. Expenses of the Child If the minor child has a parent living or someone is already legally responsible for the support of the child, the person who is already responsible must provide financial support for the expenses of the child.
If that person cannot "reasonably afford" such an expense and the child owns property, then that property may be used to support the child as directed by the court. This is determined on a case by case basis by the judge. Fees and Costs Printing the Online form The online program can be accessed from any computer-at your home, a library, a courthouse, any place with public computer access. You can fill out the computer program and save the answers online securely by getting a password online, then print them out in another location or email them to yourself or someone else.
If you use a public computer at a library or at the courthouse, you may be charged a fee to print the forms. Copying The Court Clerks' office will also charge you a fee for copying the court forms. You will have to have several copies of some of the forms and the final orders as well as certified copies of the court order appointing you as guardian.
The form you use to ask the court to waive the filing fee is called a Paupers Affidavit. This form is filed with the court clerk. You must be willing to tell the Judge about your income and expenses. The Judge will decide if you will be able to file the Paupers Affidavit instead of paying the filing fees OR if you must pay the filing fees to start the case by filing the Petition for Guardianship.
The process for filing and approval varies by county. Background Checks are required for the proposed guardian and every person 18 and older in the household:. Get your fingerprint cards at your local police or sheriff's department. The Oklahoma Department of Human Services just released a new form to request the child abuse and neglect information system check. They are estimating up to 4 weeks for processing. There is no cost for this search at this time.
Download and print the form and instructions here. Fill out the form online. You must have an email address that you check regularly. You may receive the results by email or regular postal service mail. You will get a confirmation email with a special number. You must submit your fingerprints by mail with a copy of the confirmation email and the special number the FBI sends you.
The forms below will set a hearing for you to see the judge in a month or two. If there is a serious emergency and you need to be appointed the guardian right away, you can instead fill out the Emergency Adult Guardianship Packet on the Guardianship Forms page. Emergency guardianships are not granted very often, and are only approved if the adult needs immediate medical attention or if the adult is facing an immediate risk of harm. One or two people can ask to be the guardians over an adult. This form asks for basic information about you, any person who wants to be a co-guardian with you, and the person over whom you are asking to be the guardian.
You are the Petitioner and any proposed co-guardian is the Co-Petitioner. Family Court Cover Sheet pdf fillable. Family Court Cover Sheet pdf.
You must provide one form of ID for each guardian and for the person over whom the guardianship is requested. Fill out this form and check which type of ID you are providing for each. Attach a copy of the ID to the form.
The proposed guardians must include their ID when filing. If you do not have ID for the proposed protected person, you can file it within days of becoming the guardian.
Confidential Information Sheet pdf fillable. Confidential Information Sheet pdf. This form tells the court who is asking to be named the guardian and why. Petition for Appointment of Guardian - Adult pdf fillable. Petition for Appointment of Guardian - Adult pdf.
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