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The only way to become a guardian of the person is by applying to court. Speak to a lawyer if you are considering applying. As part of the court application, you will need to complete a guardianship plan form which explains your plan for the incapable person's personal care that you must follow.
The guardianship process takes at least several months. This is why it is best to get started as soon as possible. If your loved one needs a guardian and you delay seeking guardianship, it is possible they will suffer financial consequences.
You or the other parent have: a court order that says you're the guardian or only parent. a written deal with the other parent that says you're a guardian. shown behaviour that demonstrates you meant to take on the responsibilities of the child's guardianship ? within 1 year of finding out about the child.
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A person who isn't a parent can become a guardian only by court order or under a will. They can't become a child's guardian just because someone puts it into an agreement. Once a person is named as a guardian, they'll always be a guardian unless: a court order takes away their right to be a guardian, or.