Guardianship is a legal process. Since a guardianship can remove considerable rights from an individual, the person or entity filing for a guardianship must fully demonstrate that the individual is not capable of making sound decisions on their own. Additionally, alternatives to guardianship should be pursued before filing for a guardianship.
A petition for guardianship typically follows the steps below.
Please keep in mind that the legal process for establishing a guardianship takes considerable time. Establishing guardianship is a complex process that will not be done within 2-3 weeks.
The guardian is not held responsible for the actions of the protected individual. If the protected individual commits a crime, the guardian cannot be charged with the crime. However, the guardian is held responsible for his or her actions while acting as guardian for the individual.
National Guardianship Association. (2017). Questions and answers on guardianship issues. Retrieved from http://www.guardianship.org/pdf/Question_Answers.pdf
State of Vermont Judiciary. (2017). Purpose of guardianships for mentally disabled adults. Retrieved from https://www.vermontjudiciary.org/gtc/Probate/MasterDocumentLibrary/Purpose%20of%20Guardianships%20for%20Mentally%20Disabled%20Adults.pdf