Neglect and abuse of the elderly is a crime. State, county and city governments usually have an adult protective service to help families and physicians initiate guardianship over elderly patients when they are in danger, or have been exploited, neglected or abused. Read on to learn how you can work with the probate court in your state to initiate and win guardianship over your loved one.
Instructions
1. Establish need for guardianship. Document abuse, neglect or exploitation by a third party. Work with a physician to examine and document incidence of malnourishment, psychological abuse, bodily injury or lack of medication. In the instance of stolen property or money, document each crime and prove financial records to establish merit for the charge.
2. Ask your physician to complete and submit a request to the probate court in your state. Ask the physician to provide a social history for the patient regarding residence, including time spent in a nursing home, hospital or private care facility. Include a private residence, for patients in the care of a third party or guardian. This will most likely be the person charged with neglect, abuse or exploitation, depending on the events.
3. Complete the request without a physician. A family member can submit a request for guardianship as long as the application for permanent guardianship is filed with the probate court. A guardian ad litem--a guardian appointed by the court for a single action--will be assigned to your case. The attorney will review the laws and evidence of the case and prepare investigation materials to present on your behalf.
4. Comply with the investigation. Provide all documentation to substantiate the need for guardianship. An investigator will pursue all claims and make a final determination regarding the guardianship.
5. Attend the determination. You will be notified of the hearing date and time. Arrive 15 minutes prior to the scheduled hearing and wait the decision. Upon a successful determination, guardianship will be transferred within 24 hours. Written notice will be provided and an affirmation hearing will take place soon thereafter.
Tags: probate court, court your, court your state, guardianship over, initiate guardianship, initiate guardianship over