Author: Tiffany Stockton
Reviewed By: Carina Jenkins

You obtain guardianship of an adult through a legal process that varies depending on the jurisdiction. Always consult with an attorney experienced in guardianship matters to navigate the legal process effectively. Laws regarding guardianship vary, and the specific requirements and procedures depend on your location. Basic guidelines do exist, though. Use the following as a framework to guide your steps, but stay in communication with local authorities to ensure compliance in your state or county.

General steps for obtaining guardianship of an adult

First, ensure the individual for whom you seek guardianship is legally considered an adult in your jurisdiction. Establish that the individual is unable to manage their personal and financial affairs due to a physical or mental incapacity. This sometimes requires a medical evaluation. With eligibility established, you next file a petition for guardianship with the appropriate probate, family court or another specialized court, depending on local laws. Along with this, you need to notify the proposed person for whom guardianship is sought and other interested parties, such as family members, of the guardianship petition.

Following this, a court schedules a hearing. When you attend, a judge considers the evidence, including your reasons for seeking guardianship and any objections from interested parties. If the court determines guardianship is necessary and in the best interest of the individual, it will approve your request to oversee and manage personal care and financial matters for the proposed ward. Make certain to obtain the necessary court orders and documentation confirming your appointment and then comply with any reporting requirements the court imposes.

Common types of guardianship reports

Reporting requirements vary, but as a guardian, your responsibility includes keeping a current and detailed list of your ward’s assets, income, liabilities and financial transactions throughout the guardianship period. Regular accounting of financial and personal well-being assures the court of appropriate care and management of this responsibility. A court might also ask you to detail the living arrangements or any medical care taking place, along with any significant changes in the individual’s health or medical condition.

Prompt notification and timely reporting shows you care enough to stay on top of your agreement. For certain major decisions or transactions, such as selling property or changing established living arrangements, you may need court approval before taking action. Should termination of the guardianship occur or if the individual passes away, a final report gets filed to account for all activity. This ensures transparency and accountability, and it helps you avoid legal problems.