How to Get Temporary Guardianship
Consider hiring an attorney., Determine if a guardianship is needed., Determine if you are qualified to serve as a guardian., Accept the responsibilities of a guardian.
Step-by-Step Guide
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Step 1: Consider hiring an attorney.
Family law is very detailed and far reaching.
So many different things are likely to impact your case, and judges have great latitude for discretion.
If you can afford a local attorney who knows the types of things your judge favors and disfavors, it would be best to hire one.
See How to Find a Good Attorney.
Some states require a potential guardian to be represented by an attorney.
Even if you cannot afford a full-service attorney, some attorneys provide unbundled services, which means they will provide limited services to you, such as Preparing documents Giving you legal advice Teaching you the law as it applies to your case Coaching you through the process. -
Step 2: Determine if a guardianship is needed.
The court will only appoint a guardian for a person who is incapable of caring for his or her own needs.
This can be in only one area of self care (such as financial needs) or all areas.Children (usually under age 18) are considered incapable of caring for themselves in any area.
For adults, the proposed guardian will need to prove lack of capacity.
In some cases, if the guardianship of a child is only needed for a short period of time and the parents agree, you may only need a temporary caregiver affidavit instead of formal guardianship. , Read the statutes in your state as regards domestic relations or guardianships to learn more.
These are sometimes found in the probate section of the statutes.A guardian must be an adult who does not suffer from an incapacity of his or her own.
Most states require the guardian to live in the same state as the ward or be closely related (parent, child, sibling).
Most states do not allow anyone with a prior felony conviction to serve as a guardian regardless of the relationship with the ward. , A guardian is required to meet the needs of the ward in the area(s) of the appointment.
Read the statutes in your states regarding domestic relations, guardianships, and/or fiduciary duties to learn more.If you are appointed as a financial guardian, you are responsible for taking care of the financial needs of the ward.
You must budget and appropriately save and spend the ward’s assets so as to meet the needs of the ward.
A guardianship is often a fiduciary duty, which frequently means that if an opportunity arises in which you could benefit, but your benefit would preclude your ward from being able to also benefit, you must allow the ward to have the benefit instead of you.
In most states, the guardian is required to report to the court periodically so the court can review the guardian’s actions.
Some states also require court approval prior to the guardian performing certain actions, such as selling the ward’s primary residence. -
Step 3: Determine if you are qualified to serve as a guardian.
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Step 4: Accept the responsibilities of a guardian.
Detailed Guide
Family law is very detailed and far reaching.
So many different things are likely to impact your case, and judges have great latitude for discretion.
If you can afford a local attorney who knows the types of things your judge favors and disfavors, it would be best to hire one.
See How to Find a Good Attorney.
Some states require a potential guardian to be represented by an attorney.
Even if you cannot afford a full-service attorney, some attorneys provide unbundled services, which means they will provide limited services to you, such as Preparing documents Giving you legal advice Teaching you the law as it applies to your case Coaching you through the process.
The court will only appoint a guardian for a person who is incapable of caring for his or her own needs.
This can be in only one area of self care (such as financial needs) or all areas.Children (usually under age 18) are considered incapable of caring for themselves in any area.
For adults, the proposed guardian will need to prove lack of capacity.
In some cases, if the guardianship of a child is only needed for a short period of time and the parents agree, you may only need a temporary caregiver affidavit instead of formal guardianship. , Read the statutes in your state as regards domestic relations or guardianships to learn more.
These are sometimes found in the probate section of the statutes.A guardian must be an adult who does not suffer from an incapacity of his or her own.
Most states require the guardian to live in the same state as the ward or be closely related (parent, child, sibling).
Most states do not allow anyone with a prior felony conviction to serve as a guardian regardless of the relationship with the ward. , A guardian is required to meet the needs of the ward in the area(s) of the appointment.
Read the statutes in your states regarding domestic relations, guardianships, and/or fiduciary duties to learn more.If you are appointed as a financial guardian, you are responsible for taking care of the financial needs of the ward.
You must budget and appropriately save and spend the ward’s assets so as to meet the needs of the ward.
A guardianship is often a fiduciary duty, which frequently means that if an opportunity arises in which you could benefit, but your benefit would preclude your ward from being able to also benefit, you must allow the ward to have the benefit instead of you.
In most states, the guardian is required to report to the court periodically so the court can review the guardian’s actions.
Some states also require court approval prior to the guardian performing certain actions, such as selling the ward’s primary residence.
About the Author
Kayla Phillips
Dedicated to helping readers learn new skills in home improvement and beyond.
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