What Is Proof of Guardianship?

What Is Proof of Guardianship?

Proof of guardianship, also known as a letter of guardianship, is a court-issued document that establishes an individual’s legal authority over a minor child or an incapacitated person. This document is commonly required when enrolling a child in school or when obtaining medical care.

How The Process works

• Identify the appropriate type of guardianship based on the respondent’s needs (minor or adult).
• File a formal petition in the respondent’s local court, specifying the need for guardianship, relationship to the respondent, and requested powers.
• Pay the required court filing fee.
• Submit supporting affidavits from medical professionals confirming incapacity for adult guardianship cases.
• Await court appointment of an investigator to assess the situation and an attorney to represent the respondent.
• Notify all interested parties, including close family members, who may support or contest the petition.
• Attend the guardianship hearing, where the judge reviews evidence and hears testimony.
• Secure a court order granting guardianship if clear and convincing evidence of incapacity is presented or if guardianship serves a child’s best interest.
• Accept the guardianship role, post a bond if required, and obtain official documentation from the court.
• Consider less restrictive alternatives, as courts prefer these when possible.
• Prepare for legal costs, which depend on the complexity of the case.

Please keep in mind the information provided is for informational use only. We recommend that you speak with an attorney in your state before starting the legal guardianship process.