Obtaining Guardianship of a Loved One

Determine if Guardianship is Necessary

Guardianship is typically required when an adult is unable to make or communicate decisions due to incapacity and does not have valid powers of attorney or advance directive in place.

Consult with an Attorney

Guardianship can be complex and emotionally sensitive. An attorney familiar with guardianship law can guide you through the process and help you avoid costly mistakes.

File a Petition with the Court

You must file a Petition for Appointment of Guardian in the county where the person (called the “proposed protected person”) resides. The petition includes:

• Your relationship to the person

• Why guardianship is necessary

• An affidavit of incapacity

Serve Legal Notice

You must give formal notice of the petition to:

• The proposed protected person

• Their close family members

• Other interested parties
  This gives them the opportunity to object or participate in the hearing.

Attend the Court Hearing

A judge will review the evidence and may hear testimony. The court’s primary concern is whether the person truly lacks the capacity to manage their own care and whether you are a suitable guardian.

Court Issues Guardianship Letters

If the judge agrees that guardianship is necessary, they will issue an order appointing you as the legal guardian.

Annual Guardianship Report

If the judge agrees that guardianship is necessary, they will issue an order appointing you as the legal guardian.

*It is important for a guardian to understand that they may not change the protected person's residence without prior authorization from the court.