- Disabilities & the Disabled
How to become a Guardianship of a mentally ill family member without a Lawyer.
Become Guardian of Mentally ill family member without a Lawyer.
This is a very hard and difficult time for any parent or family member that would have to do something like this. Has it happen that you recently found out that your 18 or 19 year old child has a mental illness and no one will help you because they are adults. Will I tell you, you can! As a parent you want to be able to assist your child in any way possible a mental illness is not easy and very hard to accept after you recently find out about it. Getting support and help from Doctors is a plus in this process. I tell you that if your family member has been in a clinic or hospital and you get some sort information on the medicine that is provide to. There is three things that are vital to keep all information of third party like School, Friends, and Hospitals that they get admitted and Times, Dates, and places.
The first thing is first when your child or family member is admitted to clinic or hospital get a letter from their Doctor that is treating them and the list of medications given to them. Obtain these documents from the library in the state you reside in.
Items needed for filing a Guardianship
1.Petition (copy need 2 to get one back)
2.Oath (copy 2 one for self)
3. Instructions (copy2)
4.Consents (copy 2)
5. Appearance (not needed if Pro – se)
6.Orders (copy 3 for all involved)
7. Letters ( get from the court copy as many needed)
You will file temporary guardianship first which is good for 60days only. You must notify all parties of the permanent hearing that will be set after temporary is signed. If you can not notify all parties of the permanent hearing it must be published in a Local newspaper. This must be done prior to the hearing for permanent guardianship. If consents are received from all parties prior to hearing for permanent guardianship than we can submit it to the judge and the hearing may be CANCELLED. With the permanent guardianship paperwork a copy of a birth certificate needs to be included. If consents from all parties are filed at the same time the Guardianship is, it can be filed as a permanent and the judge will decide the case then.
All of these documents you can fill them yourself and prepare them for the Judge the office of probate can help you. You just need to tell them that you’re a parent trying to get custody of mentally ill child. That is 18 years old or older and sometimes they can guide you in the filling of the documents and how and when to bring them to get them signed by the judge they would be the ones to give those documents to him. Besides all of those documents, they won’t tell you but there is a waiver that helps not to pay for the filing of the documents. Which is called AFFIDAVIT OF INDIGENCE with that the document of ORDER FOR TEMPORARY OF GUARDIAN FOR INCAPACITATED PERSON. with the letter of the Doctor testifying that he is attending to he/she in the mental department of the hospital or clinic. Most of these documents, I had to revised and rewrite them for what I needed them for. But you can find them in the library and just rewrite them. The fee of this filing $156.00 when you don’t file the form above.
The first time you file for custody the judge will sign for temporary of guardian for the benefit of the parent to find a solution and to make sure that he/she is mentally ill. However, like everything is a process and if your child has several visits to mental clinic and each stay is more than a week it is easier to get guardianship. Will you do the process again the temporary is valid for 60 days after that you can file for Permanent Order For Incapacitated Person document. With list of documents above, you will need to repeat the Affidavit of Indigence remember it needs to be sign before the other documents. Sometimes the office of probate will send it in with rest documents. so when you file permanent guardianship the judge can sign it, it will take you a couple of days so he will sign it but it gets it done. You are given a Letter of Guardianship with a cause number and signature of the courts. Showing that you have custody of your child. But make sure you get a copy of the rest of the documents because it might come up that you will be asked who was the judge you signed the order you will need to give that information. Usually the same Doctors that your child is being seen wants the information.
The library can have a folder where they have all the forms of Guardianship that you can reproduce which will not come complete and you need to look for the books in section of Guardianship. State name Practice (ex;Indiana Practice) volume 15 in family law, 2nd edition (2009) pages 407-489. or State name Practice, volume 25, City Name Probate forms, 2009-2010 Edition Chapter 2, pages 101-524. And the next book to look for is State Name Practice 5, Essential forms, chapter 13 under Guardianship pages 661-678.
If you want the hospital to help you with this, it won’t happen and if you want to know more just send questions. I am not a lawyer, self experience. I hope all goes well and God bless you.