Becoming a guardian for a loved one is a huge responsibility, but in some cases it is necessary. If you find that you need to step in to help someone you care about – to ensure their well-being and stability during challenging times – you need to know what to do first. Being a guardian not only requires dedication but also a compassionate heart to navigate the complexities of a ward’s needs.
Sometimes a loved one might need help managing their personal or financial affairs, so whether it’s an aging parent or a relative with special needs, or even a young child, the process of becoming a guardian ensures that you are legally authorized to make decisions on their behalf. While the process can easily seem overwhelming, knowing the next steps to take can help you to understand what you need to do to be able to help the one you care about.
The next steps
Guardianship is defined as a legal relationship where the court appoints someone (the guardian) to care for another person (the ward) helping to:
- Provide daily care
- Manage finances
- Manage medical decisions
This arrangement is used when a person is unable to care for themselves, whether due to age or disability, or another factor. It ensures their well-being is protected by a trusted individual.
There are two primary ways for you to become a guardian for your loved one. The first is to be named in a will, becoming a testamentary guardian (confirmed by the court). The second and more difficult of the two is to be appointed guardian by the probate court or family court. This process begins when you file a petition with the court, outlining why guardianship is necessary and why you’d be the best person for the job. During this process, you’ll have to prove the ward’s incapacitation, after which a judge will determine whether guardianship is in their best interest.
Once you’re appointed as a guardian, you’ll have certain responsibilities, including helping with healthcare and living arrangements. It’s important to stay organized to show the court you’re fulfilling your duties.
Although it’s a big commitment, becoming a guardian can be incredibly rewarding, knowing you’re making a positive impact in the life of a loved one. If you’re unsure about the steps involved or need help navigating the complexities of guardianship, seeking legal guidance can help ease the process and ensure everything is handled properly.
Taking the time to consult with someone experienced can help give you the confidence and support needed to move forward with the guardianship process.
