Application For Appointment Of Guardian

You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.

Print a temporary guardianship form. Fill it out completely. Have the temporary guardianship form notarized. This essential step assures anyone receiving the form (such as medical personnel) that it is indeed your signature on the form.

How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.

This will involve factors such as stability in the child's upbringing, the child's stated preference, the ability of the proposed guardian to provide the child with proper care, the relationship between the parents and the proposed guardian, and any information regarding the moral character of the proposed guardian.

When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.

Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.

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.

In the case of a voluntary organization or institution to be appointed as guardian, the consent of the parents has to be taken on the reverse of the Application Form. It is not necessary for the Applicant to submit original documents of proof.

The Process: Your attorney will file an application for guardianship with the county court. A doctor must evaluate the proposed ward and certify that he or she is incapacitated. The proposed ward must be personally served with application. Other 'interested persons,' such as relatives, must also be served or notified.