Get Guardianship Primer

To be a legal guardian you need an order from the court. Living with a child or incapacitated adult does not make you their legal guardian without a court order.

Becoming a Guardian in Florida However, if your parent is already incapacitated or unable to sign the power of attorney, you will need to file a petition with the local court and hire an attorney to help you with the process.

Does guardianship override parental rights in Indiana, or do they cease to exist? In short, receiving an order of guardianship does not typically terminate parental rights in Indiana. The general idea behind guardianship is that it is temporary and reunification is the goal of the court system.

A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.

In order to establish a guardianship, someone must file a petition with the local court where the alleged ward resides. This process is completed by hiring a local attorney to draft the petition. Once the petition is filed, the court will appoint an attorney to represent the alleged incapacitated person.

File a Petition for Guardianship with a court with probate jurisdiction and notify the allegedly incapacitated person, all close family members, and any person or institution having care or custody of the allegedly incapacitated person during the 60 days preceding filing of guardianship petition. Pay the filing fee.

Guardianship Salary in Florida Annual SalaryHourly WageTop Earners$142,359$6875th Percentile$142,000$68Average$101,229$4925th Percentile$80,300$39

Guardianship Fees ServiceFeeGuardianship of person only$236.00Guardian of the Person and Property$401.00Guardian Advocacy$401.00Guardianship Settlement Claim for a Minor under $15,000$232.0011 more rows

If the parents are alive and unable to come to court, Form 6-4 Waiver of Process, Renunciation or Consent to Guardianship should be completed by the parent(s). This form should be signed and notarized. Proposed Guardian should also bring proof of identification, preferably a picture ID, and proof of residence.