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  1. #1
    Join Date
    Mar 2010
    Posts
    1

    Default How to Get Guardianship of a Mentally Ill Adult Child

    My question involves guardianship in the State of: Idaho

    My Daughter is mentally ill and it has been suggested I get guardianship of her, How do I go about that and what do I need to do? She is willing to sign over guardianship to me can that be done?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,038

    Default Re: How to Get Guardianship of a Mentally Ill Adult Child

    Guardianship issues are usually handled by your local Probate Court. Contact the Clerk of Courts for the relevant forms and a fee schedule (filing fees are usually in the neighborhood of $50 or so, this varies by jurisdiction).

    It would be a good idea to have everything looked over by an attorney, as well.
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  3. #3
    Join Date
    Apr 2010
    Location
    North Carolina
    Posts
    4

    Default Re: How to Get Guardianship of a Mentally Ill Adult Child

    In Idaho, guardianships are handled by the Magistrate Court in the county of the respondent (read, your daughter).

    Contact the Clerk of court of the applicable county for more info.

    You should note that guardianships are taken very seriously as they adversely affect rights. For adults ajudicated incompentent, they have less rights than felons.
    She WILL be appointed a guardian ad litem and possibly a lawyer if the GAL is not one. They will act in a duel role both representing the respondents wishes and, if the court requests, offering their opinion on what's best for the respondent.

    While her willingness to consent to guardianship is useful, it doesn't suffice under the law (the theory goes, if one really is incompetent then their consent is meaningless. If one is competent then one can no more consent to incompetence than, being innocent of a crime, one can consent to execution.)
    YOU must prove by clear and convincing evidence that she is incapable of handling her life affairs and requires guardianship to avoid serious harm.

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