The application for the appointment of a guardian must be filed with the Registrar of the Guardianship Judge in the jurisdiction where the future beneficiary concerned resides or has his or her legal domicile.


 

Who may file an application:

  • spouses
  • relatives within the fourth degree of kinship
  • relatives by marriage within the second degree
  • tutors or curators
  • public prosecutors
  • the person permanently living with the beneficiary
  • the individual beneficiary
  • providers of healthcare and social services directly involved in the care and assistance of the person, if they are aware of facts that make it appropriate to begin the guardianship appointment procedure.

After the application has been filled a decree will be issued to set a hearing date with the guardianship judge, which must hear the person to whom the proceedings refer.

Notification of the application with the hearing date set by the decree must be given to the potential beneficiary of the guardianship and to any other parties that may be indicated by the guardianship judge by means of process servers at the applicant's expense.

The beneficiary and the person requesting the appointment as guardian must appear at the hearing.


The law sets a deadline of sixty days

from the filing of the application for the issuance by the guardianship judge of the decree granting or rejecting the application for appointment.