INSTRUCTIONS: BECOMING A LEGAL GUARDIAN (Packet 10558)

“Becoming a Legal Guardian Packet 10558 Step 1”

Complete the Verified Complaint to Appoint Guardian form (Form A).  Make sure the form is signed in front of Notary Public. 

“Becoming a Legal Guardian Packet 10558 Step 2”

A court appointed physician or psychologist must complete the certification form (Form B or C).  The report must occur at max 30 days before filing the complaint. 

“Becoming a Legal Guardian Packet 10558 Step 3”

Obtain a Certification from the Division of Developmental Disabilities.  This form is not included in this packet.

“Becoming a Legal Guardian Packet 10558 Step 4”

Complete the Order for Hearing (Form D).  A copy of this form needs sent to the incapacitated party, their attorney, and any other interested parties. 

“Becoming a Legal Guardian Packet 10558 Step 5”

Complete the top part of the Judgment Appointing Guardian (Form E). 

“Becoming a Legal Guardian Packet 10558 Step 6”

Check all of the forms for accuracy and make at least 3 copies of each. 

“Becoming a Legal Guardian Packet 10558 Step 7”

Pay the filing fees of $200 by check or money order.  Make the check payable to the Surrogate of the county where you’re filing.

“Becoming a Legal Guardian Packet 10558 Step 8”

Submit all of forms to the county Surrogate.  Do not submit Forms F through G yet.   You can submit these forms after you receive the signed copies of the Order for Hearing. 

“Becoming a Legal Guardian Packet 10558 Step 9”

Once you receive the signed Order for Hearing, complete the Notice of Pending Hearing.  The form must be personally delivered to the incapacitated party at least 20 days before the hearing.

“Becoming a Legal Guardian Packet 10558 Step 10”

Send Form A, B or C, and D to the incapacitated person and all other parties by certified mail.  Forward copies to the appointed attorney as well. 

“Becoming a Legal Guardian Packet 10558 Step 11”

After sending the required forms, complete Proof of Service (Form G) and the Judgment (Form E).  These forms need filed at least 5 days before the hearing. 

“Becoming a Legal Guardian Packet 10558 Step 12”

Call the Surrogate a couple of days before the hearing to make sure the hearing is still occurring.  If the guardian is approved, they will have to sign acceptance letters and file a surety bond if required.