Guardianship cases involve at least one individual seeking a court order establishing legal responsibility for an incapacitated adult or a minor (child). If your case will involve a child, please read this first to determine whether you should file for third party custody or petition for a guardianship.
Covering all the aspects of a guardianship case is well beyond the scope of this discussion. Guardianship cases are usually complex, beginning with the petition and notice provisions of the applicable statutes.
To find that a guardian should be appointed, the court generally must first find that the individual in question is incapacitated or is a minor. Determining that an individual is a minor is not usually an issue. Cases involving incapacitated adults, however, can be more difficult, particularly if the allegedly incapacitated person disputes that they need assistance.
If the court find that an incapacity exists or a minor is involved, then the court must find that the appointment of a guardian is necessary to provide care and supervision of the individual and/or that individual’s property.
Please contact us if you would like to discuss your potential guardianship case.