How Do You Get Legal Guardianship Over a Parent?


Quick Answer

To get legal guardianship over a parent, the individual needs to file papers with the court and have it approved by the judge, according to Caring.com. It is important that an adult who needs a guardianship, also called a conservatorship, not already have someone named under his or her medical directive.

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Full Answer

The paperwork must define the condition of the parent who needs a guardian, notes Caring.com. This includes listing any physical ailments or emotional or psychological conditions that keeps the parent from caring for themself. It must be an inability to make their own decisions caused by this mental or physical condition or disability. When filing paperwork, other close relatives are often notified in case they want to file their own paperwork. This allows other people to contest the guardianship and recommend someone different to take care of the parent.

When filing paperwork to get legal guardianship, getting a lawyer is highly recommended, says Caring.com. Look for a lawyer who specializes in similar cases, including someone who has handled and won a conservatorship case before.

The judge needs to consider whether or not the parent truly needs a legal guardian, according to Caring.com. This is done by looking to see if the parent can communicate. If not, the judge tries to get help from a doctor and other relatives to ask them if they understand the legal process and understand that this is a case for guardianship. If the need for a guardian is unclear, the judge might only appoint guardianship for certain decisions but not all.

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