It's possible for an adult to prevent a guardianship situation by creating an estate plan-which can consist of many legal documents-that prepares for all eventualities. Guardianship of a child requires proof that the child is in need of supervision or care. Proof, such as a doctor's examination, is necessary for guardianship of an adult. After the petition is filed, the ward is served and the court schedules a hearing to determine if guardianship is necessary or appropriate. Forms are available from your local probate court's website or court clerk's office. This process is usually carried out in probate court in the county where the prospective ward resides. Guardianship can only be established by a court order, so to obtain guardianship over a child or adult, you need to file a petition, even if the parent of a child has already consented to grant guardianship.
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