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The first move in becoming a guardian is filing a petition requesting the appointment of the guardian.  From there, the court will decide if the person is incompetent.  The requirements for incompetency vary from jurisdiction to jurisdiction, but it is normally accepted that incompetency hinges on a person's ability to make educated decisions about his wellbeing.  Also, if a person is physical incapable of providing for himself or herself, they may be placed in a nursing home or other facility.  The judge will listen to the testimony concerning the elder's incapability how it impairs the person's capacity to make decisions.  The process of attaining elderly guardianship can take up to three months. 

Guardianship of an elderly person may be revoked if the elder's condition improves or if the guardian is unable to adequately care for the elder anymore.

Taking care of an elderly relative can be a stressful and time-consuming commitment.  Rocket Lawyer can help ensure that your loved ones are provided for with helpful articles concerning Power of Attorneys, Advanced Directives, and Elder Care.

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.


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