Guardianship and naturalization
AUG 25, 2022

In recent months, the firm has been submerged in several incapacity and guardianship proceedings that have had to be filed in court in an expedited manner, because the guardianship and incapacity orders are necessary to continue with the naturalization process. In today's blog we will be explaining the importance of completing the guardianship and disability process before submitting the naturalization process with USCIS.

Since Supplemental Social Security Income to non-citizens over 65 years of age stops after the first seven years, many people begin the naturalization process for their elderly or disabled family member without having in their hands the court order that finds them incompetent and/or appoints them as guardians.

The problem with this is that the guardianship and disability process, as the name implies, has two parts. In the first part, it will be necessary to declare the incapacitated person, and in the second part, it will be necessary to declare who will be the person who will assume the functions of guardian of the incapacitated person.

To declare the person incapacitated, it will be necessary for a committee of three experts to carry out individual evaluations of the person who is to be declared incapacitated. Once these evaluations have been carried out, the court will determine their conclusions, and if unanimous, it will issue an order declaring the person incapacitated. Once this incapacity order is issued, the court can then proceed with the guardianship process.

In order to be appointed guardian of an incapacitated person, it will be necessary to present an application to be declared guardian, an oath; if there are close relatives, they must sign consents, authorizing the appointment of the guardian. It will also be necessary to make an inventory of the properties, and income of the person, to be able to properly answer for them. Finally, the person must submit to a state investigation, to show that they have not committed any crime, and that they do not have a criminal record, which would disqualify them from being a legal guardian.

As you must have been able to appreciate, the incapacitation and guardianship process is an extensive process, which cannot be carried out in a short time. Unfortunately, when clients contact the firm, it is because the naturalization process is in its final stages, and documents are needed as soon as possible. In these cases, it will be necessary to request an extension of time from USCIS, so that it does not close the process. But this extension is not always granted.

It is very important that, if you find yourself in the care of a family member who is unable to care for themselves, that you begin the incapacitation and guardianship process as soon as possible. Obtaining guardianship orders will be beneficial, not only for naturalization cases, but also for taking other actions regarding the incapacitated person.

If you need help with your incapacitation and guardianship process, don't hesitate to call us. In Y. Morejon Attorney, P.A. the first consultation is free. Here we will help you obtain the necessary documents and orders to protect the assets and the person of your incapable family member. At Y. Morejon Attorney, P.A. Your problem is our problem.


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Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.

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