State Guardianships Forms and Documents to Gather

This process is complex because you are responsible for making decisions on behalf of a child or incapacitated person. But, you can simplify this process by understanding the documentation and forms you need in your state.

State guardianship forms are essential documents for appointing a legal guardian who makes crucial decisions for a ward, often due to the ward's incapacity to make decisions themselves. The appointment requires a court petition and can be complex, necessitating various state-specific forms and thorough documentation to ensure the ward's best interests are maintained. A checklist can help you organize the legal documents you will need during the appointment process.

Guardians also work with the courts in their counties or states and often have to file reports, including annual reports. Gathering, maintaining, and preserving documents as a guardian of the person is crucial to creating a record of guardianship.

Many of your decisions may need court approval. A strong record will help the court decide what is in the best interests of the ward (the minor or incapacitated adult).

This article shares what documents you’ll need to establish guardianship and the necessary legal forms for your state. You will find:

• What to expect during guardianship proceedings
• Links to each state’s guardianship forms
• A checklist of guardianship documents you may have to present to the courts
• How to get legal help

State Guardianships Forms

A court appoints a legal guardian to make legal decisions for someone who can't make their own decisions. That person is called a ward and usually has an incapacity. 

Guardians make legal decisions for the ward, including healthcare, finances, and housing. There are different types of guardianships, and the type selected depends on the ward's circumstances. For example:

• guardianship of a minor is appropriate when the ward is a minor child.
• A guardian of the person applies to adult guardianships.
• A temporary guardianship is suitable for short-term needs.

The process of appointing a guardian is complex. Interested parties can file a court petition to start the process. Although some courts offer legal guardianship forms for free online, prospective guardians should seek legal advice.

This article will provide an overview of the legal process to appoint a legal guardian and a list of guardianship forms by state.

Guardianship Proceedings

Guardianship proceedings begin when someone files a petition for an appointment of a guardian with the court. Then the court may schedule a hearing after the petition is filed. All interested parties will receive a notice of hearing. This is only the beginning.

The court must determine if the ward has an incapacity and if it interferes with their decision-making. The court will order an independent examination to confirm the incapacity.

The court investigator will investigate the proposed guardian. The purpose of this investigation is to vet the proposed guardian. The court can appoint a guardian ad litem to look after the ward's best interests.

After the final hearing, the court will appoint a guardian, if necessary. The court does so through court orders or letters of guardianship. The order appointing a guardian gives the guardian specific authority over the ward's life. For example, a guardian of a minor can apply for benefits, including child support for the minor child. Guardians account for their activities in an annual report.

State Guardianship Laws

Legal guardians must follow the state's guardianship laws, which are usually in the state's probate code. You have many options for help, including the National Guardianship Association. This association may be able to provide general information about the documentation process.

If you live in the same state, you can contact the local county court and consult with the court clerk. The clerk can give you preliminary information. They can also guide you to the appropriate court, depending upon the type of guardianship. For example, in California, if you are the guardian of a minor, you may be subject to the rules of both the Probate Court and the Juvenile Court.

Many states have created their own guardianship help divisions, including the following states:

• New York's Guardian Assistance Network
• The Arc of New Jersey Family Institute
• Illinois Guardianship and Advocacy Commission

Utah provides online guardian training. You must also pass the Utah Guardian Pre-appointment Test before applying to be a guardian. You should consult the probate code of your state for specific requirements.

However, an experienced guardianship attorney can help you understand your legal responsibilities.

Guardianship Forms Vary by State

Guardianship forms will differ by state. Some states offer fillable forms, which allow the petitioner to fill out the legal forms online. They can then print the documents and cover sheet and submit them to the court with the filing fee. If a party cannot afford the filing fee, they should request a waiver.

These forms ask for general information about the person who needs a guardian. This includes their name, age, and address.

If the potential ward has a power of attorney, enclose it with the form. There is space to state why a guardian is needed and to nominate a guardian. Some forms provide a checklist for the proposed guardian's powers.

Finally, since guardianship should be the least restrictive alternative, the court may ask for alternatives to guardianship.

Guardianship Forms by State

The following are the online resources to help you access the necessary state guardianship forms. After this section, you’ll find a checklist of documentation to gather to present to the court.

Preserving All Guardianship Documents

Whether you're the guardian of an elderly relative, a minor child, or an incapacitated adult, you will make many decisions.

These include legal decisions, financial decisions, and medical decisions for the ward. You are also responsible for the management and safety of that person's property and assets. You may also be responsible for their healthcare decisions, including mental health, and ensuring their legal rights are afforded.

As their fiduciary, you must gather all documents relevant to managing these assets. A fiduciary is someone trusted to oversee someone else's money or assets.

Think about your duties and which documents may contain information related to each duty, such as:

• Documents about medical care or medical treatment, including invoices, hospital bills, and insurance information
• Any notes or recommendations from healthcare providers or social workers
• Receipts identifying purchases of necessities such as food, clothes, cars, household items
• Invoices showing educational costs
• Investment and financial statements, especially those related to personal property of the ward
• Banking statements and check ledgers
• Documents related to any lawsuits the ward may be a party to and to any of the ward's property
• Wills, trusts, or any other documents for any inherited assets of the ward
• Documents showing ownership and valuation of property held by the guardianship estate
• Previous guardianship inventories, accountings, and appraisals prepared for the court

If there is a co-guardian, conservator, or anyone else involved in decision-making, they should seek legal advice in this process.

Making a Checklist of Guardianship Documents

You will need various documents to establish guardianship of an incapacitated adult or minor child. Use the following checklist:

_____ Power of Attorney

_____ Court order, appointing you as legal guardian

_____ Letters of Guardianship, if applicable

_____ Living Will

_____ Trust Documents

_____ Deeds

_____ Land Grants

_____ Water Rights

_____ Mortgages

_____ Leases

_____ Bonds

_____ Loans

_____ Contracts

_____ Tax Notices

_____ Abstracts of Title

_____ Vehicle Titles

_____ Bank Statements

_____ Pass Books

_____ Checkbook Registers

_____ Mutual Fund Statements

_____ IRA Statements

_____ Stock Certificates

_____ Canceled Checks

_____ Bills

_____ Receipts

_____ Check Stubs

_____ Social Security Documents

_____ Retirement Papers

_____ Pension Documents

_____ Income Tax Returns

_____ Will

_____ Affidavits, as necessary

_____ Filing fees, if any

You might need other documentation depending on the situation and where you live.

More Questions? Get Legal Help With Your Guardianship Case

Gathering your guardianship documents and completing the correct forms for your state are critical parts of the guardianship process. Going through this by yourself can be overwhelming. This is especially true for family members working through minor guardianship after a child's parents become unable to care for them and individuals working through adult guardianship unexpectedly.

An experienced family law attorney familiar with your state’s laws can ease this process by helping you understand the type of guardianship you need to establish. They can also help you navigate the legal documents and filing deadlines. In certain instances, legal aid may help a guardian or guardian ad litem with this process.

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.