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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. The filing fee and sheriff's service of process fee may be required at the time of filing.

Depending on the situation, a court may grant this arrangement in many ways. In most cases, guardianship does not override parental rights. However, there are some instances where it does take precedence.

The guardian may have the authority to decide where and with whom the ward lives, what medical treatment the ward receives, how to handle the ward's money and property, how to resolve legal claims or court cases in which the ward is involved, and whether to enter into contracts on the ward's behalf.

There are multiple ways in which estate executors can be given permission to sell real property. One of the common ways to be given permission is if the decedent had a will that directed the executor to sell the property without court involvement.

A temporary guardianship may be arranged without a court order if: It is to last for 6 months or less; and. The parents sign and notarize a temporary guardianship agreement, and. If the child is 14 or older, the child will sign the agreement.