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A child's parents may consent to guardianship by signing paperwork stating that they agree to have another person appointed as a guardian for their child. A parent may agree to guardianship in advance by naming a person they want to care for their child if something happens to them in estate planning paperwork.

Specific duties of a guardian of the person include: Take custody of the ward's person. Make provisions for the ward's care, comfort, and maintenance. Take any responsible action necessary to protect the ward from further mistreatment in instances where the guardian learns the ward is being mistreated.

You must file a complete petition for guardianship with the Clerk of the Superior Court. Immediately following filing this petition, you must properly serve the allegedly incompetent adult, otherwise known as the respondent. You may also need to serve the respondent's closest family members.

There is a $120 filing fee, as well as a $30 fee for the sheriff to serve the respondent with the petition. The clerk of superior court determines who is responsible for payment of fees and costs.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

5) How long does guardianship last? The individual under guardianship remains under guardianship until their competency is restored through court proceedings, or until they die.