When we think of guardianship we often imagine a child moving into the care of a friend or family member. But the process can also be used to obtain legal rights over adults who are losing their mental and physical capabilities. For the most part the process is similar, but there are differences that are important to know when considering guardianship of an adult. You want to consider all aspects of the process to make sure it’s the best action for you and your aging loved ones.
If you have a parent who you think is in need of a guardianship, the first step is to obtain a physician’s certificate or doctor’s letter. This form is a statewide document filled out by a doctor that attests to the patient’s mental acuity and physical ability.
Not everyone submits to the evaluation willingly and the patient may resist meeting with the doctor. If this occurs you will still file the application for guardianship in a probate court, but as part of that process will ask the court to order the elderly person to get the examination. The court can order your loved one to submit to an independent medical exam and if so ordered, will appoint a physical to do a determination.
Once your petition has been filed, the court will appoint a physician to examine and interview the adult ward in question. This evaluation helps determine if guardianship is necessary and if so, which type of guardianship should be granted. Depending on the situation, there may be different types of guardianships available such as limited or plenary (full) guardianships.
After evaluating the situation, if it is determined that guardianship is necessary, then a hearing will be scheduled where both parties can present their case before a judge. During this hearing both sides can present evidence as to why they believe they should be appointed as guardian or why someone else should not be appointed as guardian. After considering all evidence presented at this hearing, a judge will make a decision regarding who should become guardian or whether another option such as conservatorship would be more appropriate for the situation.
Once a decision has been made by the judge regarding who should become guardian, then certain documents must be completed and filed with the court such as letters of appointment and bond forms which are used to ensure that all duties associated with being guardian are fulfilled appropriately. Once these documents have been completed and filed with the court then you can officially become legal guardian over an adult ward.
It’s important to note that while becoming legal guardian over an adult can provide many benefits such as helping them make decisions about their health care or finances, it also comes with many responsibilities including making sure their needs are met and protecting their rights under law. If there are substantial unpaid debts, then as guardian you might want to consult with a bankruptcy lawyer in Birmingham, Alabama as well. Therefore it’s important to understand what being a legal guardian entails before taking on this role so you know what’s expected of you and how best to fulfill your obligations as guardian for your ward’s benefit.
