Every person must take steps to initiate the guardianship process. A judge will not name a guardian without good reason, which means following the established process is vital for anyone seeking an order from the court.
When you are interested in becoming a guardian in Junction City, you do not have to navigate this process on your own. Relying on the support of a dedicated guardianship attorney is crucial, as it could help you avoid the errors that can lead to a disappointing outcome.
The process of gaining guardianship of another person takes place in Junction City courtrooms. It is important that the person filing for this change thoroughly understands each step and its requirements.
Filing the Petition
To begin, a party must file a petition with the court. This legal document is generally prepared by a lawyer and can be filed by an adult seeking guardianship over another person. This person—known as the ward—could be an adult or a juvenile.
The petition should include important basic information about the parties, including the name and address of the proposed ward and any immediate family members. A crucial aspect of this document is the explanation of why guardianship is necessary. It should also identify any witnesses who will testify about why the proposed ward cannot care for themselves. All the relevant parties must be formally notified of these proceedings before they can move forward.
Examinations
Before a judge agrees, they will require a qualified healthcare professional to examine the proposed ward and compile a report. This document outlines the professional’s description of an individual’s physical and mental state. It covers their limitations, social skills, and any prognosis on the ability for rehabilitation, if appropriate. The final report also includes an opinion on whether guardianship is needed.
Trial
The issue will ultimately be decided at trial. Guardianship matters are frequently heard by a judge, but the law allows a proposed ward to instead request a jury to hear the case. Any jury is made up of six people.
Regardless of who ultimately hears the case, the law requires an informal approach. The goal is to make the trial as easy to understand as possible for the proposed ward while still covering all the necessary issues. At the end of the trial, the judge or jury will decide if guardianship is appropriate. These findings are put into writing.
Some additional things must be accomplished before the court will finalize the appointment. This starts with completing mandatory training regarding the obligations of serving as a guardian. The training question involves studying the provided material and completing an affidavit.
Additionally, a person must take an oath and pay a bond before they can become a guardian in Junction City. The oath promises to faithfully fulfill the duties and obligations granted by the court. This is done in writing, and it must be notarized. The bond is designed to protect the ward’s estate, but the court has the power to waive it. Once these steps are completed, a judge can issue the letters of guardianship.
Discuss Becoming a Guardian With a Junction City Attorney
Guardianship is a big responsibility that should not be taken lightly. For that reason, the process for obtaining letters from the court can be drawn out and challenging. When you are committed to becoming a guardian in Junction City, now is the time to seek legal guidance.
Call today to schedule private consultation with one of our skilled attorneys.
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