Obtaining powers of guardianship over another adult carries both responsibility and significant power under the law. Not only must a potential guardian demonstrate that they intend to carry out their duties with the best intentions, but they must also show that the subject of the order cannot make choices independently regarding medical care or critical decisions concerning their future.
A skilled attorney could provide more information about becoming a guardian in Rosemead. Additionally, a legal representative could assist the petitioning party in acquiring the necessary paperwork, understanding the laws that govern these requests, and drafting documents that satisfy the state’s requirements.
What Does the Court Require to Obtain Guardianship Powers?
Because the court holds a general assumption that an adult can protect their own self-interests, it will only grant powers of guardianship under particular circumstances. Therefore, a petition for guardianship must demonstrate that the proposed ward lacks the ability to care for their own needs.
To accomplish this, the court may demand the completion of a multidisciplinary evaluation. However, only a medical professional or social worker can provide evidence of the ward’s physical or mental capabilities. In addition, the court has the power under California Probate Code § 1513 to appoint an independent investigator to obtain additional information about the proposed ward’s current needs and abilities.
The guardianship petition must also include notice to other potentially interested parties, such as family members, who can provide evidence and their own opinions on whether guardianship is necessary. A knowledgeable lawyer in Rosemead could provide more information about the legal process involved in becoming a guardian during a private consultation.
Determining Whether a Guardianship is the Right Choice
Understanding the procedure for obtaining guardianship powers over another person is one thing; but knowing whether it is the right choice for the potential ward is much different.
When making this decision, the primary factor to consider is whether the proposed ward needs another individual’s help. A mental or physical disability may lead the potential guardian to this conclusion, as well as advanced age or the onset of dementia, which will require medical evidence.
The other aspect to remember is that Rosemead’s guardians have a legal duty to protect their wards. The court may follow up on the progress of the relationship, and other concerned parties may raise questions if they suspect abuse or fraud. For this reason, deciding whether to seek guardianship powers over another requires careful consideration.
An Experienced Attorney in Rosemead Could Provide More Information About Becoming a Guardian
The law says that the court must grant guardianship powers over another adult only when the proposed ward is unable to care for their well-being. The parties looking to obtain this power must prove this concept to the court through multidisciplinary evaluations from a professional and the opinions of other interested parties, such as the potential ward’s family members.
A dedicated and capable lawyer could help you gather the necessary documentation to request guardianship powers over another person. Additionally, a legal team member could help you better understand your duties as a guardian and what you must do to avoid legal complications. Contact our office today to get started on your petition and learn more about becoming a guardian in Rosemead.
