How to Petition for Guardianship

Guardianship takes away a person&'s right to make decisions about their well being and assigns it to someone else. Oftentimes, this is the parent of a disabled child who has reached his or her 18th birthday. Judges take the matter of guardianship seriously, so you must be prepared when you petition the court for guardianship. You must prove that an individual is not capable of making his or her own decisions, and then you must prove that you are the best person to make those decisions.

Things You'll Need

  • Attorney
  • Petition for guardianship instructions
  • Supporting documents
  • Copy machine
  • Filing fee

Instructions

    • 1

      Seek advise from an attorney that specializes in guardianship. Do this even if you want to file the petition for guardianship yourself. The attorney can either direct you on how to file the petition or can file the petition on your behalf.

    • 2

      Get the instructions for filing a petition for guardianship from the court system where the disabled adult lives if you are going to file yourself. Fill out the petition as instructed or answer your attorney&'s questions so that he or she can fill it out for you.

    • 3

      Gather any supporting documents that prove the individual you are requesting to be a guardian is incapacitated. Medical records and records from therapists are key. Remember that judges do not want to take away a person&'s ability to make their own decisions, so you must have proof that the individual cannot make these decisions on their own.

    • 4

      Make several copies of the petition and the supporting documents. You will need the original for the court, a copy for yourself and a copy for any other individual who would be eligible to become a guardian.

    • 5

      Hand the petition to the court clerk and pay the filing fee, which varies from state to state.

    • 6

      Notify any other individual who has an interest in the person for whom you are seeking guardianship. This could be family members, custodians, trustees or anyone who currently has power of attorney over the incapacitated person. Let them know when the court date is, and make sure you get proof that they were notified.

    • 7

      Allow the court to send out any professionals they appoint to interview the incapacitated person to determine his or her disability and his or her wishes. Oftentimes, the court will send out a guardian ad litem. The guardian ad litem makes their own report to submit to the court.

    • 8

      Attend the hearing and answer any questions the judge may have. This usually happens 120 days after the initial petition is filed. Wait for the judge to submit his or her verdict.

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