How can a person become a legal guardian?
A petitioner must complete and file numerous court documents and appear at a hearing to be appointed as guardian. A petition for guardianship must be filed by anyone seeking guardianship.
A petition for guardianship must be accompanied by Medical Documentation. In a case where the incapacitated person has a clinically diagnosed intellectual disability, a clinical team report is required. This report must be signed by a physician, a psychologist, and a social worker. The clinical team report is valid for 180 days from the earliest examination date.
For all other cases, a medical certificate is required and must be signed by a physician, psychologist, or psychiatric nurse. A medical certificate is valid for 30 days from the date of examination.
A Court must be satisfied that the incapacitated person is, in fact, incapacitated, and that the proposed person is suitable to serve as the incapacitated person’s guardian.