- 1). File a petition form in person with the District Court in the local county of the respondent. Petition forms will include general demographic information regarding the respondent such as date of birth, sex, name, address and the mental-health concern regarding your friend's condition. Include specific examples and as much detail as possible concerning his condition. This form also requests information about the petitioner including name, contact information and relationship to the respondent. A filing fee usually is imposed and can vary from state to state, and county to county.
- 2). Hire an attorney. Legal counsel is advised to be properly prepared, especially in the event the respondent disputes the claim.
- 3). File a medical report with the court describing the exact mental condition of the respondent. This report may be filed with the initial petition, separately or supplied the day of hearing. It must be prepared by a licensed physician, licensed psychologist or licensed professional skilled in the area of the particular mental condition. Detail the respondent's limitations, her maximum self-reliance or independence. Explain why an advocate is needed and what duties the advocate is expected to fulfill in the event he is appointed.
- 4). Contact all interested parties regarding the date, time and location of the hearing. The petitioner is responsible for this step unless an attorney has been hired. Include appropriate family members of the respondent such as parents, adult siblings, adult children and their legal counsel. If the respondent receives benefits from the Administrator of Veterans' Affairs, notify that organization. A guardian ad litem --- or attorney to represent your friend's best interest --- may be appointed by the court if the respondent does not have an attorney. Often in these cases, the ad litem fees will be paid by the petitioner.
- 5). Attend the court hearing which is generally set three to five business days after the petition is initially filed. The court will review all documentation regarding what is in the best interest of the respondent. Provide clear and convincing evidence that a mental-health advocate or guardian is warranted, otherwise the case will be dismissed.
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