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Instructions for Adult Guardianship-Family Law
Adult guardianship is a legal procedure in which a court determines that a person is incapable of making decisions because of severe disabilities, and that the person is in need of protection. The person may be too mentally confused or forgetful to make decisions about medical treatment or to obtain appropriate food and shelter.
Instructions for Testamentatary or Written Instrument Appointment of A Guardian for Minor
The Court may appoint a Guardian for a Minor, if the Court finds the appointment would be in the best interest
of the Minor and one of these four statements applies:
1. The parents consent to the appointment.
2. The parents’ parental rights have been terminated by a court order.
3. The parents are unwilling or unable to exercise their parental rights. For example, the parents are
deceased or they have abandoned the child.
4. Guardianship of a child has previously been granted to a third party and the third party has subsequently
died or become incapacitated and the guardian has not made an appointment of a guardian either by will
or written instrument.
Instructions to File a Petition to Accept
A petition is made to the court by a petitioner against a respondent, versus a complaint, which is filed by a plaintiff against a defendant. A petition asks the court to provide a court order, while a complaint is filed to seek damages or to get the defendant to start or stop doing something.
Instructions to Set a Hearing and to Complete a Notice of Hearing
A Notice of Hearing is a prepared legal document that invokes all parties to hear a motion and may be emitted by any party. Most notably the notice contains a time and date for the court clerk to amend schedule for and what motion will be attempted. Motions require both sides to be present.