Determining if Guardianship is Proper

• All states recognize guardianship as an option for minors or incapacitated adults. In the case of minors, guardianship is proper when both parents are unable to care for the child because of incarceration, mental illness or death. Parents may designate a guardian in their will. In the case of incapacitated adults, guardianship is proper if the adult has severe mental or physical disabilities which render him unable to care for himself physically and financially.
  
  

Petition for Guardianship

• The guardianship process begins with a petition for guardianship to the court. The petition should be filed in the jurisdiction where the proposed ward lives. Most states define an "interested party" as the spouse, children or parents of a minor or incapacitated adult.
  
  

Designation of Guardianship

• The court and interested parties, including the proposed ward and guardian, attend a guardianship hearing where a judge reviews the proposed ward's current situation. In cases of minor children, the court inquires about the proposed guardian's lifestyle, relationship with the child and ability to care for the child. The requirements for guardianship of incapacitated adults are similar. The judge also reviews any criminal records of the proposed guardian, although such background does not mean certain rejection of a petition. Appointing a relative is common, but not necessary--the guardian doesn't have to be a family member.
  
  

Responsibilities of Guardian

• Once a guardian is designated, the court requires a formal accounting of the entire estate of the ward. This includes all debts, assets, real property and accounts. Most jurisdictions require such a review on an annual basis. In addition, the court has the right to check on the wellbeing of the ward in occasional hearings set after granting the guardianship.