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- 1). Contact your local court and obtain forms to begin a petition for adult guardianship or conservatorship (the terms are interchangeable). In most states, conservatorships are decided in probate court. Read the forms carefully and follow the instructions exactly. Contact an attorney if you do not understand the terms or conditions. Petitioning for adult guardianship is a serious matter; you need to know exactly what your rights and responsibilities will be.
- 2). Prepare your case carefully before you begin. Collect evidence or documentation when possible to demonstrate why you are petitioning for guardianship of the elderly person. In adult guardianship, the rights of the individual in crucial matters of finance, housing and other life decisions are taken away completely. The adult person is declared incompetent and/or incapacitated. The court will want to see concrete evidence of why the guardianship is in the best interest of the senior.
- 3). File the petition for adult guardianship with your local court. You will be given a hearing with the court to present your case. The process of becoming a guardian or conservator has two major steps. The court must declare the elderly person incompetent. The court must then approve you as a guardian for that person. If the evidence that you present for incompetency is not sufficient, the court may order a mental evaluation of the person in question. The court also has broad powers to question and examine you, the petitioner, for your fitness as guardian.
- 4). Comply with the court's requests for information, evidence and testimony. The court has broad powers to collect information and weigh evidence once a petition has been filed. In some cases, independent parties may be appointed by the court to evaluate various elements of the petition and to submit recommendations. Whatever the recommendations of individual evaluators, only a court can declare an individual incompetent. A temporary guardian chosen by the court can also be appointed while the case is being decided.
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