How a guardianship arrangement is declared, according to Indiana guardianship laws.

 

 

IN guardianship law allows for a capable adult to act as a caretaker for any individual that is disabled or substantially unable to care for themselves, including children.  These people that are eligible are collectively known as a “protected person,” though the distinction as a protected person can be challenged under IN guardianship law.  Indiana guardianship laws note that the arrangement in question is not absolute and the potential beneficiary can assert their ability to control certain aspects of their life.  This enables them to ensure that they have some control over their lifestyle, under Indiana guardianship laws.  All decision-making is left to the guardian, unless otherwise noted with the IN guardianship law relationship is determined.

 

 

Can an able-bodied person be subject to guardianship under Indiana guardianship laws?

 

 

Yes, those that are of unsound mind can be assigned a guardian under IN guardianship law.  This includes those that cannot manage their money to support themselves, though there is another arrangement that deals specifically with only the financial needs of the protected person.  The financial obligations and management can be assigned to the guardian under Indiana guardianship laws, but it is also likely a conservator can be assigned to handle the finances while the guardian deals with daily life.

 

 

What is considered in assigning guardianship under Indiana guardianship laws?

 

 

There are some factors in play when determining if an individual is disabled and therefore unable to take care of themselves substantially.  The court notes age, mental illness, the effects of an accident and developmental disabilities from birth as factors that contribute to the need for an IN guardianship law relationship.  The protected person must be able to behave and control their life as a rational adult in order to ensure that they can avoid a relationship under IN guardianship law.

 

 

Can control of an estate be granted under Indiana guardianship laws?

 

 

Though it is not common, control of an estate and its management might be assigned under IN guardianship law.  It is more likely however, that a conservator will manage the estate and finances, possibly with the advice and consent of the guardian under IN guardianship law.

 

 

What powers are granted to the guardian under IN guardianship law?

 

 

Though each guardianship arrangement under IN guardianship law will differ with provisions assigned by the court, the general arrangement for guardianship will include control over medical treatment and decisions to provide a certain level of care.  The guardian might be assigned the power to accrue debt and borrow on behalf of the protected person, with limitations and scrutiny from the court, under IN guardianship law.  The responsibility granted will depend heavily on the prior relationship with the protected person, meaning that siblings, parents and children have more rights and responsible than friends and attorneys appointed under Indiana guardianship law.

 

 

Where is the IN guardianship law located?

 

 

You will find the Indiana guardianship laws pertaining to these arrangements in Indiana Code 29 Article 3.

 

 

 

 

Quick Guide to Georgia Guardianships

 

 

Georgia Guardianship Law

 

 

The majority of Georgia guardianship laws are provided under Title 29 Guardian and Ward of the GA Revised Code.  Section 29-2-1 provides that a Georgia guardianship can be defined as: 

 

 

1. a natural guardian 

 

 

2. a testamentary guardian (one without “custody” but with decisions on upbringing)

 

 

3. a temporary guardian 

 

 

4. a standby guardian (when legal parent is incapacitated and gives rights to another person)

 

 

5. permanent guardian

 

 

Georgia guardianships are granted by the local probate courts, and a permanent guardianship may be offered when the minor has no living parents or the legal rights of the parents have been removed by the court.  A temporary Georgia guardianship is granted when the legal guardian of the child needs a guardian for a particular reason.  When the child is a minor, the temporary guardian has the same rights of a natural guardian, and these rights include medical treatment and decisions in school.  

 

 

How to Qualify for Georgia Guardianship Rights

 

 

Georgia guardianships require initial qualifying factors and specific steps.  The state will normally give preference to relatives and caseworkers of the court before another guardian, but the state will never give preference to a person with a criminal background or a person with weak financial history.  

 

 

The steps listed below are general steps, and you should always consult with your local probate court and hire a family law attorney if you’re trying to qualify for Georgia guardianships: 

 

 

Step 1 File the Appropriate Forms

 

 

You need to submit a petition with the court before you take any other steps.  These petitions usually have you list why you should have Georgia guardianship rights, why your supervision is best for the child, financial information, and more.  

 

 

Pay the Fees and Undergo an Investigation

 

 

You will have to pay various filing fees and attorneys’ fees in most cases.  After you have submitted all of the necessary fees, the probate will conduct a criminal background check on the potential guardian.  These investigations are usually performed by caseworkers, social work professional, and personal care facility administrators and you will be asked a large amount of information.  

 

 

These investigations will examine your placement plan, your financial history, your ability to work with the ward, and whether this place is preferable to other Georgia guardianships.  

 

 

Undergo the Necessary Training

 

 

While or after the court is determining eligibility, probate courts in the state of GA will make all guardians view a training video and read a handbook prepared by the judges and administrations.  

 

 

If the court has determined the Georgia guardianship is in the best interests of the ward, a judge will assign specific responsibilities to the guardian.  If a minor turns 18, marries, or graduates from high school, the courts will usually terminate Georgia guardianships unless the guardianship is permanent.  

 

 

 

 

Quick Guide to North Carolina Guardianships

 

 

NC guardianship law

 

 

The majority of North Carolina guardianship laws are located under Chapter 35A of the NC Statutes.  The chapter provides procedures for the guardianship of incapacitated adults, minors, and for the estate.  You can complete listing of NC guardianship law at the following link. 

 

 

The North Carolina Guardianship Association is also a great resource for information associated with general guardianships.  Most of the information in this article can be found under the NCGA as well.  

 

 

Establishing North Carolina Guardianship

 

 

The state will normally give preference to relatives in any type of guardianship—especially concerning a minor.  The court will also give preference to friends of the Department of Human Services caseworkers when parental rights have been terminated by the court or the parent allows the minor to live with another person voluntarily.  The permission from a parent may occur if the parent is older and the child requires special needs, but there are other situations where guardianship rights can be handed down. 

 

 

The court never allows a person or family with a criminal background to have guardianship rights, and individuals who show a weak financial history will not be considered either.  However, in order for a qualified person or family to file in accordance with NC guardianship law, they must take a variety of steps.  Some general steps are provided in the next section.  

 

 

Filing for North Carolina Guardianship

 

 

The NCGA provides general steps which are supplemented by this article.  The first step any prospective guardian takes includes filing a petition with the local court and jurisdiction in which the ward resides.  If you need help locating a court, you can visit the official website of the North Carolina Court System and select your county below the image on the homepage.  

 

 

According to NC guardianship law, the clerk of the court will receive the completed petition and decide if the person is incapacitated enough to receive a guardianship.  If the clerk decides North Carolina guardianship is necessary, they may help a guardian litem to help the ward through the proceedings.  

 

 

During the hearing process, the clerk and guardian will usually consult with a social worker and other witnesses to establish the ward’s condition and needs.  After the court has decided upon the guardian, they will make sure the party understands the entirety of NC guardianship law and responsibilities.  Once the hearing is over, the North Carolina guardianship will begin.  

 

 

Responsibilities under NC guardianship law

 

 

The guardian is responsible for all living arrangements of a ward, as well as helping with training, education, employment, or other services the ward may need.  Additionally, the guardian can normally give consent for medical, legal, or psychological services, and they are responsible for the ward’s property.  

 

 

If the legal guardian dies during the North Carolina guardianship, the court will again help to appoint another qualified person.  If there are family members that can still qualify as a valid guardian, the court will usually select a family member.  

 

 

 

 

Quick Guide to Arkansas Guardianships 

 

 

Arkansas Guardianship

 

 

Most laws concerning Arkansas guardianship are located under Title 9 Family Law of the state’s revised code.  For a complete listing of all Arkansas guardianship laws, visit the searchable code under the general assembly.   

 

 

If you are thinking about becoming certified for Arkansas guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  

 

 

Eligibility Factors for Arkansas Guardianships

 

 

Any U.S. citizen in the state of Arkansas can qualify as a guardian except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of state, but a court will consider electing a nonresident if the decision meets the best interests of the court.    

 

 

If the Arkansas guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given to another qualified guardian.    

 

 

Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  

 

 

What is the Arkansas Subsidized Guardianship Act?

 

 

Arkansas guardianships under the Subsidized Guardianship Act receive funding—just as in foster care—from the Department of Human Services (DHS).  There are a large number of qualifying factors for these types of Arkansas guardianships, and section 9-8-204 of the state code lists qualifying factors: 

 

 

1. the child has been removed from the custody of their parents because continued care would decrease the welfare of the child

 

 

2. the department is responsible for the placement and care of the child

 

 

3. being returned home or being adopted is not an option for the child

 

 

4. permanent placement within an Arkansas guardianship meets the best interests of the child

 

 

5. the child demonstrates a strong attachment to the guardian and the guardians shows strong commitment to the child

 

 

6. if the child is 14, the child has been consulted regarding Arkansas guardianships

 

 

7. the guardian is qualified to a means-based test

 

 

8. if required, a certain degree or relationship exists between the child and the guardian

 

 

9. the child has special needs

 

 

How do I file for Arkansas Guardianships?

 

 

In order to file for an Arkansas guardianship, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Arkansas guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  The state has a large amount of contact information for local courts at the following link: 

 

 

 

 

Quick Guide to Kansas Guardianships under the KGP

 

 

Kansas Guardianship

 

 

The majority of Kansas guardianships occur under the Kansas Guardianship Program (KGP).  In order to apply for guardianship in Kansas, a person must be over the age of 18, have no criminal background, show evidence of responsible finances, and show true concern in caring for the incapacitated adult.  

 

 

In order to start applying for Kansas guardianships, you’ll have to contact the Main Office at (785) 587-8555 or visit the office at 3248 Kimball Avenue in Manhattan KS, 66503. 

 

 

How do I Apply for Guardianship in the state of Kansas?

 

 

There are specific steps required for all Kansas guardianship regardless if the ward is an adult or minor.  These steps are in place to protect the ward: 

 

 

Step 1: File the Petition

 

 

An attorney will have to prepare the petition in the state of Kansas, and the form will need submitted to the district court by the person who needs a guardian.  The petition will require a large amount of specific information, and details about this information are located in section 13.2 of the link provided above.  

 

 

Step 2: Mandatory Orders

 

 

Once the court receives the petition for the Kansas guardianship, a number of mandatory orders will be instituted to fix the date of the trial, the appointment of attorneys, and for an evaluation if no report was attached to the petition.  

 

 

Step 3: Examination and Evaluation

 

 

Kansas guardianship require an licensed professional to complete a report on the ward’s physical and mental condition, cognitive abilities and limitations, adaptive behaviors, social skills, educational and developmental potential, recommendations for treatment and/or rehabilitation, and more if appropriate.  

 

 

Step 4: The Trial

 

 

A series of notices will be given to all parties involved in the Kansas guardianship before the trial, and the actual trial will be held before a judge or jury.  After the court has heard testimony, the judge will determine if the adult or minor with the impairment needs a Kansas guardianship or conservatorship.  

 

 

Step 5: Oath of Kansas Guardianships or Conservatorships

 

 

Before letters of appoint are issued, the individual or nonprofit corporation (acting as guardian of the estate) will have the ward write an oath of guardianship will discharges all duties specified by the court to the guardian.

 

 

Also, Kansas guardianships after January 1, 2009 require the guardian to file evidence with the court that they have completed basic instructional programs about the duties and responsibilities of a guardian or conservator before letters of appointment are issued. 

 

 

Step 6: Letters of Appointment

 

 

Once the letters of appointment have been officially filed for the Kansas guardianship, the guardian will begin taking care of the ward.  If a conservator is elected, they must submit an inventory of all the ward’s property and assets to the court within 30 days.  

 

 

For more information on responsibilities of a guardian in Kansas, visit the link provided at the beginning of this article.  

 

 

 

 

Quick Guide to Utah Guardianships

 

 

Utah Guardianships

 

 

Utah guardianship may be granted to a competent adult for a minor child or an incapacitated adult (the ward).  The procedures involved in a Utah guardianship for children are quite different compared to guardianships for adults, and for information on guardianships on minors, visit the official government website of Utah State Courts and use the following link to help you with preparing documents regarding a minor: 

 

 

Utah Guardianships and Responsibilities 

 

 

If an adult with a clean criminal background, strong credit history, and evidence of overall responsibility is chosen by the court for a Utah guardianship, the person may be responsible for any of the following: 

 

 

• determining where the ward will live and what training, healthcare and education they will receive 

 

 

• provide the ward with basic needs for food, clothing, shelter, and more

 

 

• provide consent for medical and other professional care in certain situations if needed by the ward

 

 

• keep all of the ward’s finances and assets accounted for

 

 

There is no state code that provides specific responsibilities within the Utah guardianship, and the letters of guardianship must identify each specific duty of the guardian before approved by the court.  

 

 

What Utah Guardianships are issued by the Court?

 

 

A court will establish a Utah guardianship in three different ways:  

 

 

Limited Guardianship

 

 

The judge will determine if a limited guardianship is necessary and appropriate while first establishing the guardianship, making modifications, or terminating the responsibilities all together.  This type of Utah guardianship allows the ward to keep some responsibilities and hand over certain rights to the guardian. 

 

 

Normal Guardianship

 

 

This type of Utah guardianship gives the competent adult more responsibility than a limited guardianship and the guardian will make decisions for a person with mental deficiency, physical disability, chronic use of drugs or intoxication, bad judgment, highly impaired memory, and/or severe loss of behavior control.  

 

 

Conservatorship

 

 

A conservator protects the money and property (the estate) of the ward.  If a person is elected as a conservator, they will have to report back to the court about the ward’s estate one or several times a year as determined by a judge.  

 

 

How do I file for a Utah Guardianship?

 

 

In order to file for Utah guardianships, you’ll have to file a petition with your district’s court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  For a list of Utah courts, click on the link. 

 

 

Utah guardianships also give the respondent certain rights after the petition has been filed.  The respondent must be notified of the place and time of the hearing, be represented by legal counsel, be present at all proceedings except if they have a medical exception.  The respondent also has a right to trial by jury and may even cross examine witnesses.  

 

 

 

 

New Jersey Guardianship Laws:

 

 

In the state of New Jersey, at age 18, all individuals, including those with severe disabilities, reach the legal age of majority. This simply means that at the age of 18, parents can no longer make decisions legally on behalf of their kids, regardless of the nature of their disability and regardless of whether the children still live with their family. 

Some New Jersey families will consider New Jersey Guardianship as an option for a family member. A New Jersey Guardian is defined as any person or agency appointed by a court to act on behalf of a person. 

 

 

How Do I Establish NJ Guardianship?

 

 

Establishing NJ guardianship is a legal process that ultimately requires the inclusion of the Bureau of Guardianship Services at the Department of Human Services. New Jersey Guardianship; however, may be established without this agency’s help. 

 

 

In all matters, New Jersey Guardianship must be viewed as a solution of last resort, because it strips an individual’s fundamental right of self-determination. Before applying for New Jersey Guardianship you should observe alternatives that may be more suitable for your family member.

Before applying for New Jersey Guardianship you must be aware, as a parent, of the following:

 

 

• NJ guardianship law states that parents of a New Jersey Guardianship can remain involved in their child’s medical issues and may be asked to provide consent as next-of-kin in emergency situations

 

 

• NJ guardianship law declares that all applications for New Jersey Guardianship require up-to-date assessments from either a psychiatrist or psychologist or from a licensed medical doctor

 

 

• NJ guardianship law declares that guardianships may be family members, other interested parties or agencies such as the Bureau of Guardianship Services. NJ guardianship law declares that Co-guardians may also be named. A co-guardian in New Jersey refers to the following:

 

o NJ guardianship law declares that more than one individual appointed as a guardian; each individual possesses uniform decision-making authority

 

o NJ guardianship law declares that The Bureau will never act as a co-guardian

 

o NJ guardianship law declares that Co-guardians must be involved together in consents and decisions required for the individual. 

 

 

Limited New Jersey Guardianships:

 

 

Guardianship of the individual may take one of two forms: limited or general

 

 

General New Jersey Guardianships:

 

 

• Often referred to as ‘plenary New Jersey guardianships’

 

 

• NJ guardianship law recommends these for people who are found incapable of expressing or making decisions

Limited New Jersey Guardianships:

 

 

• Limited New Jersey Guardianships cover decision-making concerning educational, residential, legal, vocational, medical and financial issues

 

 

• Limited New Jersey Guardianships are appropriate for individuals who are found capable of expressing or making some, but not all, life decisions. 

 

 

Family Options for New Jersey Guardianships:

 

 

New Jersey families must be aware that are awarded the following options with regards to New Jersey guardianships:

 

 

1. Individuals may appoint Powers of Attorney to render decisions on his or her behalf.

 

a. NJ guardianship law declares that those individuals with disabilities are required to understand—on a rudimentary level—that they are appointing someone to make decisions on their behalf

 

b. NJ guardianship law declares that the individual appointing a power of attorney must be able to agree to the decision

 

c. NJ guardianship law declares that the power of attorney may cover a property and/or a person

 

d. Powers of attorney—according to New Jersey guardianship laws—may be revoked and/or changed at any juncture, based on evolving needs

 

e. Powers of attorneys are significantly less costly than NJ Guardianships

 

f. Based on NJ guardianship law , it is suggested that you with a legal professional to establish powers of attorneys

 

 

2. New Jersey families may pursue New Jersey guardianships without the inclusion of an attorney

 

a. The individual seeking guardianship must represent him or herself in the court of law

 

i. The exclusion of an attorney in these situations eliminates the cost of hiring a legal professional to file a petition

 

ii. Without an attorney the party still must satisfy the following costs: New Jersey guardianships assessments rendered by a physician or psychologist, court fees and the required court-appointed attorney to represent the person. 

 

 

3. New Jersey families may hire a legal specialist at their own accord to complete the entire process for them

 

a. Relatives or interested parties may opt to pursue appointment as a New Jersey guardian privately, at their own expense

 

 

4. Families may ask the New Jersey Guardianship Services to process guardianship petition; however…

 

a. Roughly 4,000 requests are currently pending

 

b. The process is required for New Jersey Guardianships of the person only

 

c. Families seeking New Jersey Guardianship with regards to property should hire an attorney

 

 

Applying for New Jersey Guardianship:

 

 

Forms and instructions for New Jersey Guardianships may be found here.

 

 

To receive services funded by the Division of Developmental Disabilities, individuals must apply to become eligible. The criteria regarding eligibility is outlined by New Jersey state law. The application process for New Jersey Guardianships is lengthy and time-consuming; the Division of Developmental Disabilities requires exhaustive documentation to help determine whether a person’s functional limitations fall within eligibility criteria. 

 

 

As a general rule, to receive Division of developmental Disability-funded services, an individual must show that they possess a chronic physical, severe and/or mental impairment that:

 

 

• Manifests before the age of 22

 

 

• Is lifelong and aggressively limits the individual in least three of the following life activities: learning; mobility, communication; self-direction; economic self-sufficiency; the ability to live independently and self-face

 

 

 

 

Why is a Virginia Guardianship Important?

 

 

Guardianship legally affirms an individual as a caretaker for a child with out-of-home care while maintaining the child’s parents’ rights. In Virginia, guardians and conservators are appointed by the state to protect incapacitated persons (individual who cannot make decisions with aid). Only circuit judges in the state of Virginia may decide that an individual is incapacitated; only circuit judges may affirm a Virginia guardianship. 

 

 

A Virginia guardianship’s authority is somewhat broad, for it can be limited to rendering specific decisions. Typically a Virginia Guardianship will render health care and personal decisions but also may be responsible for other decisions that are social in nature (IE visitation issues). The extent of a Virginia guardian’s authority is set forth in a circuit judge’s order and in the Virginia code. 

 

 

The Establishment of a Virginia guardianship removes an individual’s right to make decisions for him/herself. As a result, a Virginia guardianship is typically believed to be a last resort option. Virginia guardianships should only be used when are no less invasive or restrictive alternatives that will protect the interest of the incapacitated party. 

 

 

The primary reason to have a guardianship in place to streamline the delivery of medical treatment required by a disabled person. Medical professionals and medical facilities may refuse to perform needed—but non-emergency procedures—on disabled patients without legally authorized consent. Guardianship bypasses this impediment by providing said consent in an efficient manner.

 

 

Types of Virginia Guardianship:

 

 

When a Virginia circuit judge decides that a Virginia guardianship is necessary for an incapacitated party, the judge possesses significant flexibility in determining what authority to give the conservatory or guardian. The circuit judge may render specific provisions to preserve as much of the disabled party’s independence as possible. Listed below are the different types of Virginia guardianships:

Full Virginia Guardianship:

 

 

• A Virginia Guardianship—unless specifically appointed by a court order—provides full decision-making responsibility for all personal and personal care decisions for the disabled party. Full Virginia Guardianship, again, is only applied as a last resort means—there are no less restrictive methods that provide needed protection. Full VA guardianships are required to report  to the local department of social services regarding the care provided to the incapacitated adult. Said reports are prepared on court documents issued by the Office of Executive Secretary of The Virginia Supreme Court and delivered to the Virginia guardian by the Clerk of the Circuit Court

Limited Virginia Guardianship:

 

 

• These types of Virginia Guardianships are used when decisional aid is only required for specific tasks—these forms of Virginia guardianships do not require the guardian to make all decisions for the incapacitated. For instance, an incapacitated adult may be able to decide certain things as it pertain to their daily life, but need help making health care decisions. In this instance, a judge will appoint a limited VA guardianship to make health care decisions, leaving the incapacitated free to render all other decisions. These forms of VA guardianships possess the same responsibility as full guardians to report annually to the local department of social services concerning the care provided to the disabled or incapacitated party. 

Standby Virginia Guardianship:

 

 

• These types of VA guardianships are people who become the guardian of the incapacitated person when the individual is currently responsible for providing care dies. This type of Virginia guardianship allows parents to plan for the care of a disabled child after they die. This form of a VA guardianship will not assume any duties until the death of both parents. 

 

 

Frequently Asked Questions Pertaining to Virginia Guardianships:

 

 

How Will I know if a Person needs a Guardian or a Conservator?

 

 

• Virginia guardianships are required for people:

 

o VA guardianship is required for people with functional capacity impediments; these problems obstruct the individual from caring for their own basic needs 

 

o VA guardianship is required for people who are at risk of substantial harm

 

o VA guardianship is required for people who have no family members or other people in their lives available to assume responsibility for helping them

What are the Primary Duties of a Virginia Guardianship?

 

 

• A Virginia Guardianship places the following responsibilities on the guardian: make decisions concerning how the disabled or incapacitated person lives, including decisions regarding medical treatment, social activity and residence issues. 

 

 

 

 

What is Massachusetts Guardianship of a Minor?

 

 

You can serve as the legal guardian of a minor child if his or her parents are unfit or unavailable to care for the youth. To secure a Massachusetts Guardianship of a minor, you will have to complete court documents and then file said documents with the Probate and Family Court in the county where you reside. 

 

 

A Massachusetts guardianship will be appointed if the prospective child’s birth parents are unfit, unavailable or dead. A Massachusetts parent may consent to Massachusetts Guardianship by signing an assent in front of a notary. If the child is currently living with his or her parents, the court will only appoint a Massachusetts Guardianship if there is strong evidence that the parents are unfit to care for the child. This standard is ultimately difficult to prove; Massachusetts Probate and Family courts do not require (or expect) ideal parents, only adequate ones. 

 

 

A Massachusetts guardianship possesses almost the same powers and responsibilities of a parent concerning a child’s care, education, support, welfare and health. MA guardianships cam make several routine decisions regarding the child’s daily life—and unless the court states otherwise—whether the birth parents may visit the child. 

 

 

If the birth parents are able to care for the youth, but require period assistance, then they must—according to MA guardianship law– sign a Caregiver Authorization allowing the caregiver to care for the child. In this sense, the parent retains all obligations and rights and may revoke the authorization at any time. The form required for Caregiver Authorization is located here and here. 

 

 

Is a Massachusetts Guardianship Allowed to Manage the Minor’s Money and Property?

 

 

A Massachusetts guardianship assumes a role similar to that of a birth parent. Massachusetts guardianships use the child’s money for the child’s education, welfare and health. A Massachusetts guardianship can manage moderate amounts of the youth’s money and is eligible for receiving up to $5,000 per year to use on the youth’s behalf. An MA guardianship can also become the youth’s representative payee for authority to receive social security income for the youth. 

 

 

Who is Allowed to Become a Massachusetts Guardianship?

 

 

A Massachusetts guardianship must be at least 18 years of age and must live in the United States. Moreover, prospective Massachusetts guardianships must be ruled competent to care for the youth. The applicant must satisfy the Court’s requirements to deem that he/she can serve as the child’s legal guardian. After reviewing the applicant’s basic information, the Court will check the prospective Massachusetts guardianship’s criminal record and their database to see if the child has been involved with the Department of Children and Families. Prospective Massachusetts guardianships do not need to be related to the youth. Moreover, a child— according to MA guardianship law —can have two Massachusetts guardianships. 

 

 

What is the Difference between Massachusetts Guardianships and Adopting?

 

 

A Massachusetts guardianship does not serve as the child’s legal parent. Appointment of Massachusetts guardianships does not cut ties with the birth parent’s responsibilities and rights—the birth parent(s) may still visit the child with the Massachusetts guardianship’s permission or via court order. Moreover, the Court may return custody to the child’s birth parents at any time. Only when birth parents place their children for adoption—or when their parental rights are terminated by the state—will they relinquish all responsibilities and rights toward the child. Massachusetts Guardianships are not permanent legal relationships because parents or interested parties will seek to have the Massachusetts Guardianship removed, and because many Massachusetts Guardianships expire when the youth turns 18. 

 

 

Will the Massachusetts Guardianship Need to Notify Anyone of the Petition?

 

 

A Massachusetts Guardianship must comply with all of the court’s instructions to notify interested parties, including:

 

 

• MA Guardianship provisions include: the Veterans Administration if the department owes the youth any benefits

 

 

• MA Guardianship provisions include: The child, if above the age of 14

 

 

• MA Guardianship provisions include: Any conservator or guardian for the child; and

 

 

• MA Guardianship provisions include: Any individual with whom the youth has lived during the past 60 days (foster parents not included).

 

 

• MA Guardianship provisions include: The child’s parents or the child’s nearest alive relatives over the age of 18

 

 

The state court—based on MA Guardianship law–requires notice the all of the above; petitioners for Massachusetts Guardianships must be able to show the Court that the above party’s received a copy of the citation and the petition. Mail is not sufficient to prove this. 

 

 

Where Do I File a Massachusetts Guardianship?

 

 

A Massachusetts Guardianship petition must be filed in the Family and Probate Court in the Massachusetts County where the youth lives. The child must generally reside in the state for six months for the Court to have jurisdiction to listen to a petition for Massachusetts Guardianships. If the child lives outside of Massachusetts, the petition for Massachusetts Guardianships must be filed in the state or country where the youth lives. 

 

 

The necessary documents required to file a petition for Massachusetts Guardianships can be found on the trial court’s webpage, located here. 

 

 

How Much Does it Cost to Petition for a Massachusetts Guardianship?

 

 

There are no filing fees for a petition of a MA Guardianship. The petitioner is required—according to MA Guardianships–to pay for the cost providing notice to the birth parents and other interested persons. Moreover, MA Guardianships require a $50 filing fee for a bond with sureties. The Massachusetts state court will typically not require a bond with sureties. Prospective Massachusetts Guardianships who cannot afford to satisfy said fees may ask the Court to waive these charges.

 

 

When does a Massachusetts Guardianship End?

 

 

Massachusetts Guardianships typically end when the youth reaches the age of 18 or when the child is adopted, marriages or when a judge determines that the Massachusetts guardianship is deemed no longer necessary. MA guardianships may also resign with permission of the Court. State courts may also remove the MA guardianship at the request of another party or on its own initiative.

 

 

 

 

What is Washington Guardianship?

 

 

Washington guardianship refers to the greatest protection for the affairs and estates of incapacitated persons in the state of Washington. To achieve this status, you must apply to the Certified Professional Guardian Board; this board adopts and implements regulations concerning minimum standards of practice, certification, discipline of professional Washington guardianship and training. 

 

 

What are the Duties of Washington Guardianship?

 

 

A Washington guardianship is appointed by the state Superior Court to act for an individual whom the superior court finds to be incapacitated. The specific court may appoint a Washington guardian of the individual, a guardian of the estate or a Washington guardianship of the individual and the estate, depending on the capabilities and needs of the incapacitated individual. In most cases, a Washington guardianship is held responsible for the incapacitated individual’s “custody, care and control” while considering the particular preferences of the subject. A WA guardianship of the estate and/or the incapacitated person is limited in any manner that the state court believes to be just and appropriate. In these instances, the powers of the Washington guardianship is limited to those specified in the court order and the limitations are made tangible through the Letters of the WA Guardianship issued by the Clerk of the Court. 

 

 

What are the Steps to Become a Washington Guardianship?

 

 

1. The first step to applying for WA guardianships is paying your application fee. To have your application for Washington guardianship be considered for certification you must pay $110 to the Washington courts. Electronic payment is always preferred. When you complete the online application, you will be taken to the payment page. If you opt to pay by mail, you must make the checks payable to the Administrative Office of the Washington Courts and mail your check to: 

 

 

Certified Professional Guardian Program

 

Administrative Office of the Courts

 

P.O. Box 41172

 

Olympia, WA 98504-1172

 

 

2. All applicants for Washington Guardianships must have their background checked. After submitting your application, a fingerprint card will be sent to you from the Administrative Office of the Courts. After receiving the card, fill-it out carefully. Provide all necessary information and take the card to your local sheriff’s department (or police department) and get fingerprinted. After getting fingerprinted, mail the card to the following address:

 

 

Administrative Office of the Courts

 

ATTN: Certified Professional Guardian Board 

 

1206 S. Quince

 

P.O. Box 41170 

 

Olympia, WA 98504-1170

 

 

3. Complete Mandatory Initial Certification Training: All individuals of agencies who seek to be certified as a Washington guardianship must complete the University of Washington Extension Office Guardianship Certificate Program as a mandatory training program. This program is a nine-month training session which consists of three subjects/courses: 56 classroom sessions offered in a four two-day setting at the UW Education Outreach Bellevue facility and 44 hours of online distance learning. 

 

 

4. Complete the Washington Guardianship Application: (Click here)

 

 

To qualify for a Washington Guardianship, an application must meet the following requirements:

 

 

• WA Guardianship Law: Be at least 18 years of age

 

• WA Guardianship Law: Be of sound mind

 

• WA Guardianship Law: Have a clean criminal record (no misdemeanor or felony convictions)

 

• WA Guardianship Law: Possess an associate’s degree from an accredited academic institution and at least four years’ experience working in a field pertinent to the provision of guardianship caretaking. A baccalaureate degree from an institution and at least two years’ experience working in a similar discipline is also sufficient for a WA guardianship. The experiences—according to WA guardianship law–must portray decision-making experiences or the use of independent judgment on the behalf of others in the area of financial, social services, healthcare or legal disciplines pertinent to the guardianship role