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How to become a Guardianship of a mentally ill family member without a Lawyer.

Updated on August 11, 2013

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.


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  • Foriegn 101 profile image

    Foriegn 101 3 years ago from world

    PDF Print E-mail

    Written by Alisa Porter

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    I hope this helps they transfer to state you need.

  • Donald79mitchell profile image

    Donald79mitchell 3 years ago from Macon, Georgia

    I live in Georgia and the judge said she will not here the case without an attorney ,witch I am indegent I am on Ssi ,my brother is mentally ill an dangerous with a long wild history we were reunited after 30 years, when I found him in A NY psych center, the center had just did a petition on him for the 6 involuntary stay an it was granted because the hospital felt like my brother wasn't ready to live in public,but I found him 2 month into that 24 month granted petition so long story short they realeased him to me in told me to get him in ga program ASAP cause it would be better for him to be with me family, but scince he has lived with me he has put me thru hell, lien an stealing from me called police 4 times false report ,an adult protect services aps removed him from my home an placed him in a bored ing home which he is on to many medications an he needs to be supervised 24 hrs a day he is dangerous adult protect service conclusion was uncunclusive no evidence of abuse he lied on me again ,because he thinks he can live on his own an pay his own bills ,but he can't I think soon he is gonna kill someone.but I am his brother an only family I wanted to get legal guardianship but this judge said she won't even talk without a lawyer can she do that? Again I'm in GA I left out a lot but u get the point please help he is 47 I am 45 I haven't seen him in 30 years an the dr is aware of his behaveure .i could take care of him cause I live in the country an he can't hurt anyone out hear an he can't do anything unless we do it together an he can leave the place were he is anytime he gets ready,that's my fear.

  • profile image

    brazeau 4 years ago

    Help me fight this legal battle! I need to save my daughter. Here is what is happening and it is a nightmare!

    My name is Evalyn Brazeau and I am writing to you because I have exhausted my resources. My daughter is 19 and has significant learning disabilities that allow her to be easily manipulated by others. Unfortunately, the college we sent her to did not support her needs and she lost her way. She ended leaving with a young man that has an arrest record for drugs and robbery and has already started giving her Molly. He has told several of her friends that “he had plans for her” as he took her. Due to her disabilities, she went willing because he lied to her about who he was. He has cut off her interactions with friends, family and never leaves her alone. We know she is Chesterfield, VA but the law is against us because she went on her own. We cannot get her alone to even talk to her and convince her to leave. He has taken her phone away so she has no contacts because she can't remember numbers--even ours without the phone. I have exhausted everything to try to get her. I can't sleep, eat or even work. We are in debt from trying to find ways to get her back but nothing has worked and now we have bills. I KNOW that he is planning something terrible for her. He is a predator that preyed on her innocence. Please respond I can't just let her stay there and know that she might die because of the things he is going to do. You can email at or even call 607-745-2912. My only hope is to fight in the courts because of her disabilities but I have don’t have enough financial resources to do this. Please don't just delete this, I need help.

  • Foriegn 101 profile image

    Foriegn 101 4 years ago from world

    sorry it took me so long to answer. but I hope all worked out as you needed God bless you and family things work the best!

  • Foriegn 101 profile image

    Foriegn 101 4 years ago from world

    I am sorry it has taken me long to get back . but very happy I was able to help! God bless you and your family.

  • Foriegn 101 profile image

    Foriegn 101 5 years ago from world


    I believe the first thing is first you need to get her and have the Dr.s names and addresses , who attended to her in that state, what medications she take, how she was found and if there is a police report get that also you will need all the information that you can get of her situation cause you will need it when you go thru the process. First do you want the responsibility of becoming Guardian and what entails ? I have another question is she receiving SSI?Know if you do, you would have to go to your local library and ask for this forms, go to your probate office in Government buildings in Kansas and ask them how to get the paperwork processed to a judge and what needs to be done and how. there is a lot of back and forth. But ask and you ask again, if she is the one you want to protect like in the past she did for you its hard work and fustrating but believe me she is worth it.

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    lmzh1267 5 years ago

    I had been told that I'd need an attorney. Not true. My child is incarcerated due to her illness. Had an "emergency" hearing & with in minutes I received "temporary guardianship". So I guess we'll see if my child is stabilized by next hearing. She can hate me all she wants, but I know she's safe right now & she won't be taken advantage of financially (became payee-rep for her SSI too). As her BF was asking where her CashCard is...I cancelled it, I'll receive another shortly. Thank You for the help! I thought I was sunk for sure as I can't afford Legal Rep..I was able to accomplish this myself. KNOWLEDGE IS POWER :)

  • Foriegn 101 profile image

    Foriegn 101 5 years ago from world

    no problem i hope it helped.

  • profile image

    Angela 6 years ago

    Thank you and God bless you !