If you would like to have legal guardianship over an incapacitated individual, you need to petition the probate court that has jurisdiction regarding your case. The probate court that serves the area where the person you want guardianship over resides is the court with jurisdiction.
There are many reasons why you might want guardianship over an
individual. Perhaps the person is not capable of taking care or him or
herself. In many cases children of elderly parents petition the court
for guardianship over their parents who are no longer to care for
As the legal guardian, you will be responsible for that persons well
being. You will have to make living arrangements that are the least
restrictive possible. You cannot simply place that person in a nursing
home when the person is able to live an assisted living facility.
You will need to make sure the person is receiving the proper nutrition.
You will be responsible for his or her medical care. That is, you must
make sure that he or she visits the doctor regularly, and that his or
her medication is available.
Of course if you are asking for guardianship for a loved one, then you
will naturally take good care of the person you are responsible for. But
you do need to demonstrate to the court that you are capable of this
responsibility before the court awards guardianship.
Your care will also be subject to regular court review. You will have to
provide documents and other evidence demonstrating that you are
providing proper care and that you are respecting the requests of
legally incapacitated person.
In some cases the court will have to appoint an emergency guardian. This
need could arise if someone is severely injured in an accident and
cannot care for himself. This could be a temporary situation until that
person recovers and resume normal responsibilities. Even though this is
an emergency court appointment, the guardian is still under the legal
duty to provide the necessary care required under the law of
When you apply for guardianship, you will need to include in your
petition medical records detailing that persons incapacity and also
sworn testimony of interested parties who agree that you should be
appointed legal guardian by the probate court. The court will appoint an
objective person to meet with the incapacitated person in order to
evaluate that persons capacity regarding your request for guardianship.
Once you are approved you will have legal guardianship over the
The information you obtain in this article is not, nor is it intended to
be, legal advice. You should consult an attorney for individual advice
regarding your own situation.
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