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Preneed Guardian. An adult with a capacity might select the person to serve as a guardian way in advance, so that they have a person that can do the task when they become incapacitated in the future. This is usually done in writing, preferably in a will. The individual will express the decision and sign it in front of two witnesses present at the same time.
Emergency Temporary Guardian. If a person is in immediate danger and needs guardianship, then the court can come up with a temporary emergency guardianship for them. One such situation is when the person’s individual property is in danger of getting lost or wasted.
Limited Guardian. This s where the individual is partially incapacitated and has the ability to make some decisions, but not all. The guardian has the capacity to take only specific actions that are decided by the probate court.
For the guardianship process to run smoothly, you have to start somewhere, just like any other legal process that you have ever performed. Many people don’t have the knowledge to begin the process, and this makes it hard for them. Let us look at the process that you need to go through to make the guardianship not just complete, but a success as well.
Before you file the forms for legal guardianship, you need to have the following information as well as documents:
The names and contacts of the living relatives of the person. These can be the parents (if any are surviving), the grandparents both on the maternal and paternal side, any siblings, any legal guardian and the adult with whom the person is living with.
If either of the parents is deceased, then you need to provide copies of the death certificates. If you don’t have the copies of the death certificates, you can get them in the state where the parents passed away.
If you are after the guardianship because you have been named as a guardian in the will after a person died, then you will need a copy of the will.
If you are to be a guardian to the estate, then you need to have copies of documents that relate to the person or the ones that the person needs to inherit. These include bank accounts, life insurance policies and real estate.
You need to have copies of court documents that relate to the person. These include pending custody, marriage dissolution forms, juvenile or adoption court proceedings, and any other information that have been filed.
If you claim that the natural father of the person isn’t known, then you need to provide a copy of the original birth certificate of the person to prove this. You can get the copy from the birth records office in the state where the person was born.
This process comes with a lot of paperwork that you need to file the right way. Documentation is usually a good thing and it allows you to be on point when you are asked for particular information. So, make sure that you establish a storage system. It is usually frustrating when you lose a vital part of the information that you need in a guardianship process. You can come over to a guardianship attorney office to get an idea of what you need to do.
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