How to Obtain a Guardianship Over a Confused Elderly Relative
- 1). Arrange for an evaluation of the elderly relative. In order to successfully convince the court that the proposed ward is in need of guardianship, it must be satisfied that the adult individual is truly in need of care. For a confused elderly adult, an examination by a physician or psychologist will be necessary, accompanied by a report detailing the individual's cognitive abilities or restrictions. Some jurisdictions require an examination by a social worker as well.
- 2). Draft a petition in support of a guardianship arrangement. The petition must begin by identifying the proposed ward and proposed guardian. The first section of the petition should contain all relevant and material facts to determine the propriety of guardianship. Information pertaining to the physical or mental examination should be included. If the elderly individual has had any accidents or problems as a result of her confusion, include specific facts relevant to these occurrences. The second section should detail the relevant state code sections or cases pertaining to adult guardianship and what legal standards have been identified by courts and the legislature. Lastly, the petition should tie together the state law and unique facts of petitioner's case to convince the court that guardianship is in the proposed ward's best interests. Some states provide pre-printed petitions for guardianship.
- 3). Submit the guardianship petition to the local courthouse in the proposed ward's jurisdiction. The court may not hear a guardianship case in a jurisdiction if it believes the proposed ward was relocated to that jurisdiction simply for the convenience of the petitioner. Once submitted, the clerk of the court in the ward's jurisdiction will arrange for notification of all interested parties.
- 4). Ensure all interested parties have received notice of the proposed guardianship arrangement. Interested parties generally refers to the ward's spouse, children or next of kin. If the ward has a current guardian or conservator in place, that person must be notified as to the upcoming guardianship hearing. In addition, a guardian ad litem is often appointed to act on behalf of the proposed ward. This is a person assigned by the court who will visit with the ward and arrange for anything the ward needs prior to the hearing. The guardian ad litem will provide an independent, third-party opinion to the court regarding whether guardianship is in the ward's best interest.
- 5). Attend the guardianship hearing. The guardianship hearing takes place shortly after all parties have been notified of the proposed guardianship. Clear and convincing evidence of the need for a guardianship is required and the court will consider testimony and evidence by any interested party having received notice of the hearing. The court will review the evaluations performed by the physician or social worker. The court also may review the ward's current estate and assets. A decision by the court usually is rendered at the conclusion of the hearing or in the days following.
