Petition for Appointment of Guardian

Petition for appointment of guardian are legal documents that officially request authorization for someone to be appointed as a Guardian of a person who is unable to make decisions for themselves.

Upon authorization, the guardian is legally appointed to assume the responsibility of another person, known as a Ward, due to their age, incapacity, or disability.

Typically, after the death of a legal guardian, the ward is a Minor child, or person who is unable to make decisions independently.

Key points related to a Petition for Appointment of Guardian include:

Guardianship: Guardianship is a legal arrangement established by a Probate Court, Family Court or Guardianship Court, to ensure the well-being and care of individuals who are unable to care for themselves or make informed decisions.

Petition: An individual or entity, often someone close to the potential ward, files the Petition for Appointment of Guardian with the appropriate court. The petition outlines the reasons why guardianship is necessary, the relationship between the petitioner and the potential ward, and other relevant details.

Grounds for Guardianship: The petitioner must provide evidence that the potential ward is unable to make their own decisions. This could include physical or mental disabilities that affect the individual's ability to care for themselves or manage their affairs.

Types of Guardianship: Depending on the state and the circumstances, the court may consider different types of guardianship, such as "guardianship of the person" (making personal and medical decisions) or "guardianship of the estate" (managing financial affairs). In some cases, a single individual may be appointed for both roles.

Notice and Hearing: After the petition is filed, the court may schedule a hearing to review the evidence and determine whether guardianship is necessary. Interested Parties, including Surviving Family members and the potential ward, may be notified of the hearing.

Best Interests: The court's primary consideration in appointing a guardian is the Best Interests of the Child. The court aims to ensure that the guardian will act in the ward's best interests and provide proper care and support.

Alternatives to Guardianship: In some cases, the court may consider alternatives to full guardianship, such as limited guardianship or conservatorship, which grant the guardian specific powers while allowing the individual to retain some decision-making capacity.

The laws and procedures for filing a Petition for Appointment of Guardian vary by state and so it's best to consult a Guardianship Attorney, Family Law Attorney or Elder Law Attorney.