Unlike plenary guardianship (or full guardianship), partial guardianship allows the named person to make decisions regarding contractual issues, financial issues, medical treatment and residential placement. Also, partial guardianship must be renewed every three to five years to remain legal. The application for partial guardianship is rather quick, but the process to gain partial guardianship can sometimes be lengthy. Partial guardianship is most often granted for a child or an adult with disabilities.
Applying for partial guardianship of a child or disabled adult
Consult an attorney in the state in which the child or disabled adult lives. Although hiring an attorney is not obligatory, a consultation may be able to provide you with specific information regarding the application process. Attorneys are also often more familiar with family law and can sometimes even provide the necessary forms, etc.
Fill out and submit the required application forms for the state in which the child or disabled adult resides. The applications are similar in most states and the forms are typically found on each state's official site. Additionally, an attorney may be able to provide these forms for you. Filing of the official application will commence the partial guardianship process.
Submit the child or disabled adult to a physical and psychological evaluation. Normally, the courts will appoint professionals in each of the aforementioned fields to conduct the evaluations. These professionals will determine if in fact guardianship is needed. They will visit the child or disabled adult on different days and times and write up reports.
Attend the guardianship hearing appointed by the court. The psychologist who performed the evaluation must also be present and his or her report will be given to the court, along with testimony and recommendations for the child or disabled adult in question. The court will take the petition/application of the person wanting to be guardian, as well as all the evaluations and recommendations into consideration to make a final decision.
Read More: Does the Mother or the Father Have Legal Guardianship of an Adult Child?
Based in San Diego but originally from Washington, D.C., Alejandro Leopardi has been writing marketing, news, entertainment and literary criticism articles since 2003. His articles have appeared in “Target Magazine” and “The Current.” Leopardi holds a Bachelor of Arts in communication studies and a Master of Arts in English.