Family Lawyer: What Is a Guardianship Application?

Reports from the National Center for State Courts reveal that there has been a significant rise in adult guardianships, largely due to the increasing number of older adults and the common occurrence of conditions that lead to incapacity.

As of 2023, approximately 13% of all adults and 66% of adults aged 70 and older in the United States are living with a cognitive disability, such as dementia, autism, or traumatic brain injury, according to the Centers for Disease Control and Prevention.

Given the emotional nature of all family law matters, without an attorney’s help, some individuals may find it difficult to make informed decisions, especially when dealing with estate.

Trust litigation attorney Lynard C. Hinojosa says if a person is under guardianship, the court-appointed guardian manages the assets to ensure the trust’s terms are followed and the assets are used in the beneficiary’s best interests. Trusts can include asset management and usage instructions to meet the grantor’s wishes for the beneficiary.

In some cases, establishing a trust can help avoid the need for guardianship altogether by designating a successor trustee to manage the assets in case of incapacity, thus bypassing court-appointed guardianship.

Guardianship Applications

When applying for guardianship, you must submit a formal application to the proper court in the jurisdiction where the person resides. It should be accurate and up-to-date information for a smoother application process. The application should provide specific details about the child or adult in need of a guardian, including their name, age, and current living situation.

According to estate planning firm Orsbon & Fenninger, the exact role of the court-appointed guardian will be informed by the circumstances of the situation that led to the guardianship and it can look different from case to case.

Aside from the application, you’ll need to gather supporting documents:

• Proof of your relationship, such as birth certificates or adoption papers.

• Evidence of the need for a guardian, such as medical records or statements from professionals. The court will review these documents to determine whether guardianship is necessary and in the best interest of the minor.

When your application and supporting documents are all set, you will need to submit them to the court. This requires paying a filing fee, providing additional copies of the application for the court’s records and submitting the paperwork to the clerk’s office.

After filing, you’ll need to serve notice of the application to all interested parties, such as the child or adult’s parents, relatives, or any other individuals who may have a legal interest in the matter.

After that, the court will set up a hearing to go over your application and decide on it. When attending the hearing, present your case effectively, as this can greatly influence the outcome of your application.

By following the necessary steps and providing the required documents, you can increase your chances of obtaining guardianship and ensuring the well-being of the minor or the elderly.

Who Can Apply for Guardianship?

When it comes to applying for guardianship, the law sets out specific criteria that need to be met. Typically, anyone who is 18 or older and deemed to be of sound mind can apply for guardianship. This means that people who are responsible and able to make decisions that are best for the person in need can apply.

Usually, it is family members who seek guardianship. Parents, siblings, grandparents, aunts, uncles, and even close family friends can all step up to become guardians. The court will consider the relationship between the applicant and the person in need, along with the applicant’s ability to offer care and support.

But keep in mind that guardianship isn’t limited to family members. Under certain circumstances, non-family members, such as social workers, healthcare professionals, or other interested parties who’ve a close relationship with the person in need, can also apply for guardianship.

Types of Guardianship Applications

There are different types of guardianship applications that can be filed depending on the specific circumstances.

• Temporary Guardianship Application:  This is used when someone needs to step in as a temporary guardian to look after a minor or an adult who can not care for themselves for a certain period.

• Limited Guardianship Application:  This is filed when the court determines that the proposed guardian should only have limited powers and responsibilities over the ward.

• Plenary Guardianship Application:  This is the most thorough type of guardianship application, where the proposed guardian receives complete legal authority over the ward’s personal and financial matters.

Consulting with a family lawyer can help you determine which type of guardianship application is most suitable for your specific situation.

How a Family Lawyer Can Help You With a Guardianship Application

Applying for guardianship involves legal procedures and documentation that may be unfamiliar to you. A family lawyer specializing in guardianship applications can guide you through each step, ensuring that you meet all the necessary requirements and adhere to the relevant laws.

One of the ways a family lawyer can help you is by providing expert advice on the guardianship application process. Your family lawyer can explain the legal implications involved and help you understand your rights and responsibilities as a potential guardian.

Not just that, a family lawyer can assist you in gathering the required documents, such as medical records, financial statements, and character references, to support your application. A family lawyer can also help you prepare a strong case to present to the court.

They can assist you in compiling all the necessary information and evidence that demonstrates your suitability as a guardian. This includes presenting your relationship with the child or individual in question, your ability to provide for their physical and emotional well-being, and any other relevant factors. If needed, they can represent you in court proceedings too.

Conclusion

If you’re considering applying for guardianship of a loved one, you should first understand the process and seek the assistance of a family lawyer. Don’t hesitate to reach out to one and schedule a free consultation so you know how to move forward with your guardianship application with confidence.