Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship
Understanding this form
This Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship is a transmittal letter designed for submission to a court clerk. The letter serves as a formal introduction to the included legal documents, specifically the Petition to Appoint Guardian and the Waiver of Process, Entry of Appearance and Consent to Guardianship. It is essential for informing the court of the intent to seek guardianship and detailing necessary actions in the judicial process.
Form components explained
- Introduction to the court along with the specific request for guardianship.
- Attachment of the Petition to Appoint Guardian reflecting the need for guardianship.
- Incorporation of the Waiver of Process, Entry of Appearance and Consent to Guardianship.
- Request for stamped filed copies to be returned in the enclosed self-addressed stamped envelope.
When this form is needed
This form should be used when an individual is seeking legal guardianship over another person, typically a minor or an incapacitated adult. It is a preliminary step necessary before the court can consider the formal petition for guardianship. Individuals need to file this letter along with accompanying documents to initiate the guardianship process.
Who needs this form
- Any individual who wishes to become a legal guardian for a minor or an incapacitated adult.
- Attorneys preparing guardianship cases for their clients.
- Family members looking to formalize guardianship arrangements.
Completing this form step by step
- Identify the parties involved, including the proposed guardian and the individual needing guardianship.
- Clearly state the request for the appointment of guardianship in the introduction.
- Attach the completed Petition to Appoint Guardian and Waiver of Process documents.
- Specify any additional information requested by the court pertaining to the guardianship.
- Include a self-addressed stamped envelope for the return of filed copies.
Does this document require notarization?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Mistakes to watch out for
- Failing to attach all necessary documents to the transmittal letter.
- Not including a self-addressed stamped envelope for court responses.
- Using improper formatting or language that may confuse the court.
Advantages of online completion
- Convenience of downloading the form directly from any location.
- Editable format allows for easy customization to fit specific needs.
- Accessibility to professionally drafted legal content ensures compliance with legal standards.
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FAQ
EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.
To appoint legal guardians for your children, you must name them as your chosen guardians in your Will. Before doing this you will need to approach the people you would like to appoint as guardians to find out whether they are willing and able to take on this responsibility.
If a child needs a legal guardian during a parent's lifetime, the parent or any other interested person must file a petition to have the court appoint a guardian. If you're not the parent, you can file a petition requesting that the court appoint you as the child's guardian.
To do this, the person you nominate will need to file a Petition for Appointment of Guardian with the Probate Court, notify certain persons and agencies, and attend a court hearing. Although the probate court will take into account your wishes, other people will also have the opportunity to request guardianship.
When writing a will, most people appoint one legal guardian for their children, but you may want to name two people if they're a couple. You can also appoint guardians for each of your children separately, giving you full control over who they would live with if something happened to you.
The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.
Two lines beneath the guardian's address, you should insert the subject heading of the letter. For example, type RE: Temporary Guardianship of Minor Child, Elizabeth Bennett. Draft the body of the letter. The first paragraph of the body of the letter should name your children and state that you have custody of them.
Assuming they all agree and your father needs a guardian, you should be appointed fairly quickly. So, it could be anywhere from $1000 to $2000 depending on all of the factors. Maybe less than $1000 if it is a straightforward case. However, it is probably better if you get a lawyer to help you.
GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian.
