If you have a loved one that has become incapacitated, you can apply to become their guardian. This gives you the legal authority to make decisions on their behalf in matters ranging from health care to finances. However, being appointed with this designation doesn’t happen overnight. Instead, you’ll need to complete the following steps with the help of a family law attorney.  

How to Be Named Guardian of an Adult Ward

1. File a Petition

Before any action can be taken, you must first file a petition stating the person’s incapacity. To ensure this petition is filed correctly, hire an attorney that specializes in guardianship and family law matters. Afterward, the court may appoint a third party to complete an interview with the incapacitated individual to determine the validity of the claim.

2. Serve Personal Notices

After the petition is filed, the court will schedule a hearing to determine if a guardian should be appointed. Within 14 days of the hearing, you or your attorney must serve personal notice to the incapacitated individual, as well as any other adults that may provide care—such as a spouse, child, or parent.

3. Attend Hearing

During the hearing, the court will review evidence to determine the necessity of guardianship. If approved, the court will order someone to be appointed to the role. You will need to submit records, such as your credit report and a background check, to demonstrate your suitability. At this time, parties can also contest individuals who are named for this appointment.

4. Submit Forms & Complete Training

Once named guardian, there are numerous steps you must complete to finalize the matter. First, you must submit a collection of forms that verify your acceptance of the position, personal data, and financial information.

If these forms are accepted, you’ll receive an official “Letters of Guardianship or Conservatorship” document. You’ll need to prove that you submitted this letter to applicable financial institutions after receipt. In addition, you must also complete a training course to earn a Guardian and Conservator Training Certificate within 90 days.

Understanding that the guardianship appointment takes time, David R. Webb, Attorney at Law is committed to providing streamlined assistance to help you navigate the process. From filing petitions to informing financial institutions, this Lincoln, NE, family law attorney will provide support every step of the way. In addition to guardianship matters, Webb is also qualified to handle many related issues—including those involving estate planning. To learn more about these services, visit this lawyer online. If you’d like to schedule a consultation, call (402) 477-7577.