What is a guardianship and how do I set one up?

A guardianship is a legal relationship between a court-appointed guardian and someone who cannot make decisions on their own, known as a ward. In the state of California, a guardianship is set up when someone is no longer able to care for themselves and has no one else to help them. To set up a guardianship, you must file a petition for guardianship with the court in the county where the ward resides. Along with the petition, you must provide a copy of the ward’s birth certificate or other proof of identity, an inventory of the ward’s assets, and evidence of incapacity. The court will also consider any objections or other documents that may be filed by the ward or any family members. Once the petition is accepted, the court will appoint a guardian and oversee the guardianship. The guardian has the responsibility to make decisions on behalf of the ward about their health, safety, and finances. The guardian must also file a guardianship report with the court every year, with a copy to the ward, to inform the court of the guardianship’s progress. The guardianship can be ended by the court if the ward is no longer incapacitated, or if the guardian’s services are no longer needed. A guardianship can also be terminated by the guardianship court at the request of the ward or their family members.

Related FAQs

How can I ensure my wishes are carried out after I am no longer able?
How do I find an Elder Law attorney?
What is a pour-over will?
How can I ensure my elderly parent is not being taken advantage of?
What is an elder mediator and how can they help me?
How can I protect my assets during my lifetime?
What types of assets are exempt from being counted in determining Medicaid eligibility?
How can I protect my assets from nursing home costs?
What is Elder Law?
What is advance healthcare planning and how can I do it?

What is a guardianship and how do I set one up?

Related FAQs

Related Blog Posts