How to Obtain Guardianship of an Adult

When a person becomes physically or mentally incapacitated, sometimes it is necessary for another party to be appointed his guardian. The guardian becomes responsible for that person's well-being, and makes sure his needs are met and that he is able make his own medical decisions. There are three types of guardianship. Guardianship of the person is for medical and personal decisions only, guardianship of the estate is for monetary reasons only and guardianship of the person and estate is for both medical and monetary reasons.

Instructions

• 1

  Ascertain the county where the person you want guardianship of -- the ward -- lives. Contact the probate court in that county to learn the rules for filing for guardianship. In some states, you can file in a county where the ward owns property.

• 2

  Obtain a form called Petition for Appointment of Guardian for Incapacitated Individual from the county probate office. Some probate offices offer this form online. This form requires you to write the details about the ward and why guardianship is necessary. File this form according to the probate court's directions. A filing fee will be required.

• 3

  Attend a hearing, which will be designated after the filing of the Petition for Appointment of Guardian for Incapacitated Individual, so that a guardian ad litem may be assigned by a judge. The guardian ad litem investigates the claim that the ward requires a guardian and provides a written report to the court.

• 4

  Attend another hearing, during which the judge will listen to the guardian ad litem's report, review the facts of the case and listen to your reasons for requesting to become guardian to the ward. Other witnesses may also testify regarding the ward's need for a guardian. After considering all evidence, the judge will make a ruling. If your petition is granted, you'll have to sign an Acceptance of Appointment to serve as Guardian, taking responsibility for the ward. Papers will be drawn up, proving your guardianship. Your guardianship is good for one year and must be renewed each subsequent year.