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How Do You Establish Guardianship?

A "guardian" is someone who is chosen or appointed to make legal decisions for another person who is unable to make those decisions on their own. The process of becoming a guardian can be complicated and uncertain. We are here to guide and help you to understand this process.

Legal guardians for minors are the most common guardianship. A legal guardian acts as the primary caretaker of a child or minor. This person may be personally selected by the child’s biological parents, or appointed by the court.

Becoming a legal guardian involves many different legal rights and duties. A legal guardian generally has the right to make legal decisions on behalf of the child. These can include decisions, such as where to live, where to send the child to school, and other important aspects.

You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents (if possible).

Preparing for Guardianship

You should begin gathering documents right from the first moment you consider taking on the role of a guardian. Guardianship is necessarily a very document and detail-heavy endeavor, because you are taking legal responsibility for the welfare of another human being. This is why hiring the right lawyer is important, the right representation in court can help you establish your petition to become a legal guardian.

Some of these documents include:

  • Documents about medical care or treatment, and insurance information
  • Receipts reflecting the purchase of necessities such as food, clothes, cars, household items, and
  • other personal items
  • Invoices showing educational costs
  • Banking statements
  • Wills, trusts, or any other documents regarding any inherited assets of the ward

If you need help with establishing guardianship, we are here to walk you through the process! 

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