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BarbieStar Asked September 2013

Do I have to be a family member to have guardianship over another adult?

I've known him for 37 years, and lived with him before.

EXPERT Carol Bradley Bursack, CDSGF Sep 2013
Many times the court appoints a guardian if no family member is suitable or if no one can take on the responsibility. As with many legal matters, where you live may make a difference. You could check with an elder law attorney and see if you can have a consultation.
Take care,
Carol

Jinx4740 Sep 2013
I don't think so. The courts appoint professionals sometimes.

If you put "guardianship" in the search field - above right - you will get lots of information. Does he have living family that might want to prevent you from becoming guardian?

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CarolLynn Sep 2013
Barbie - you haven't said how old your friend is or what's wrong with him. Is he competent? If he is, you wouldn't need guardianship. He could sign both a general durable power of attorney (GDPOA) and a durable health care power of attorney (DHPOA).

If he's incompetent from dementia or some other mental reasons, a person would need a conservatorship or guardianship of either his finances and/or his person. You would have to petition the court and part of the petition is notifying relatives, so if there is disagreement and if a family member wants to do it, you may have paid the money to a lawyer for something the court will permit. If there is strong disagreement, the judge can get into court appointed lawyers and doctors to work on behalf of your friend and if he has any money, his money will most likely be allowed to pay for that as well as for any attorney that a family member hires. But probably not you unless you're the prevailing party which may not be likely if a family member wants to do it and you don't have any or enough proof of incorrect treatment by the family.

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