An individual has become incapacitated and is in need of your help but you have no authority to act. Because of this, you must file a petition for appointment of guardianship over the incapacitated individual. The problem though is that you don’t have any idea as to how you file a petition. Let’s go over the petition for guardianship form that you’ll need to turn in, so that you can get the appointment process started. If you need to find the form, follow this link to print off your own petition form. This must be filled out, as it has vital information related to the incapacitated individual.
First, you will need to fill out who the incapacitated individual is, as well as their social security number. After that, you’ll have to fill out their date of birth, race, gender and the address of the incapacitated individual. Below that are lines in which you must identify your relationship or other interest in this matter. After writing down the residency of the incapacitated individual, you’ll be asked if the individual has a patient advocate or power of attorney for health care or a conservator. If the individual does, the name and address of the individual with such powers must be listed.
There needs to be a reason as to why the individual needs a guardianship, and that reason would be the individual lacks sufficient understanding or capacity to make or communicate informed decisions, however, you need to provide the cause of this incapacity. It could because of a mental illness or deficiency, chronic intoxication or drug use, a physical illness or disability, or something other than that, check the appropriate box provided.
To support your case, you’ll want to write down specific facts about the individual’s recent condition or conduct that leads you to believe the incapacitated individual needs a guardian. Darren Findling of The Probate Pro goes into further detail as to why this is all so important.
If you need to know more about petitioning for a guardianship, give The Probate Pro a call today at (877) YOUR-FIRM.