Adult Guardianship Petition

A proposed conservatee with sufficient capacity to form an intelligent preference may nominate a conservator in the petition or a signed writing, and the court must appoint the nominee unless the appointment is not in…

Selection is in the court's discretion guided by the proposed conservatee's best interests, and among equally qualified persons preference goes to the conservatee's stated preference (however communicated), then a…

A petition may be filed by the proposed conservatee, a spouse or domestic partner, a relative, an interested state or local entity, agency or public officer or employee, or any other interested person or friend;

The order must list names, addresses and telephone numbers of the conservator, the conservatee's attorney and the court investigator, and a limited conservatorship order must include the section 1828.5 findings and…

On or after filing a general petition, a person entitled to petition may seek a temporary conservator of the person or estate on facts showing good cause, to serve pending the final determination;

Judicial Council rule (amended effective January 1, 2026): each petitioner other than a trust company must submit a completed Confidential Supplemental Information statement (form GC-312) with the petition, each…

Official mandatory Judicial Council petition (new July 1, 2008, still the effective edition on the Judicial Council self-help page) for a temporary conservator of the person, estate or both under Probate Code section…

Official mandatory Judicial Council petition (Rev. January 1, 2019) for appointment of a probate conservator of the person, estate or both, including a limited conservatorship, citing Probate Code sections 1820, 1821…

A conservatorship of the person or estate may be granted only on an express finding that it is the least restrictive alternative needed to protect the conservatee, considering the person's abilities with current and…

Official Connecticut Probate Court form PC-300 (rev. 1/21) for any adult to petition for involuntary appointment of a conservator of the person or estate of an adult alleged to be incapable, completing Part A for the…

Official Connecticut Probate Court form PC-302 (rev. 1/21) to petition for a temporary conservator in an emergency, alleging incapacity and that immediate and irreparable harm will result without an appointment;

A principal may nominate a conservator in the power of attorney, and the court gives that nomination weight. Cheap to include and it keeps the client's choice in front of the court if a conservatorship is later needed.

A conservator must comply with the conserved person's health care instructions and wishes, and the section sets the precedence. Reinforces why the conservator designation in the 19a-575a form is worth making.

Connecticut rule that an adult of sound mind may designate in writing a conservator or successor conservator of the person or estate for future incapacity, executed, witnessed and revoked like a will or a power of…

Connecticut temporary conservator rule: on petition by an interested person, the court may appoint a temporary conservator on clear and convincing evidence of incapacity, immediate and irreparable harm to the…

Connecticut duties of a conservator of the person: custody, setting residence subject to section 45a-656b, consent to medical care, and care and maintenance as the court assigns, exercised in the least restrictive…

Connecticut conservatorship definitions: being incapable of caring for oneself and incapable of managing one's affairs both turn on a mental, emotional or physical condition that leaves the person unable, even with…

Connecticut notice rule for an application for involuntary representation: the court issues a citation served at least ten days before the hearing, the hearing is generally held within thirty days after the court…

Official Court of Chancery petition packet (Form CM1) for guardianship of the person and property: a notarized physician's affidavit from a physician who saw the person within the last three months must be attached, the…

Official Court of Chancery petition packet for guardianship of the person only, directing filers who also need authority over finances to the person and property petition (Form CM1);

Delaware text allowing the Court of Chancery to appoint separate guardians of the person and of the property, or one guardian with authority over both. Relevant to how the petition frames the requested appointment.

Delaware text that the Court grants the guardian of the person the powers necessary to protect, manage and care for the person with a disability, generally those a parent has for an unemancipated minor, including…

Delaware text that the Court may limit or add to the powers of a guardian of the property, and that unless the order provides otherwise the guardian may, without further court authority, collect and retain assets,…

The principal may nominate a guardian of the person or property in the power of attorney, and the section orders the agent's relationship to a later court-appointed fiduciary.

Court of Chancery order adopting amended rules effective September 30, 2025. Amended Rule 175 requires a verified petition stating the petitioner, the person's residence and institution, who pays expenses, military…

Delaware text that a guardian has care of the person, management of the property, or both, as the Court directs, and that a guardian of the property must file a verified inventory at fair market value within 30 days…

Delaware Supported Decision-Making Act purpose section: the chapter gives supporters legal status to help adults who do not need a guardian or other substitute decision maker gather information and make and communicate…

Official summary by Delaware's Office of the Public Guardian and Guardianship Monitoring Program: adult guardianships are filed in the Court of Chancery under 12 Del. C. ch.

The court may appoint a guardian ad litem to protect best interests where representation would otherwise be inadequate, stating reasons and duties on the record (not as a neutral fact-finder);

The incapacitated individual or any person interested in his or her welfare may petition for a limited, temporary or general guardian;

Within three years after a guardian's appointment and every three years after, the court must appoint a licensed social worker as case reviewer to investigate the continued need for the guardian and report within six…

Except as limited under § 21-2044, a general or limited guardian is responsible for the ward's care, custody and control, must stay personally acquainted with the ward, care for personal effects and seek protective…

Text of the chapter definitions: an incapacitated individual is an adult whose ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that he or she lacks the…

Where notice of a hearing is required, it is given by mailing at least 17 days before the hearing, personal delivery at least 14 days before, or for a disappeared or detained person publication once a week for three…

Notice of a guardianship hearing goes to the alleged incapacitated individual and spouse (or, if none, adult children, or if none, parents), any current guardian, conservator or custodian, at least one nearest adult…

The court must encourage maximum self-reliance and independence and appoint the least restrictive type of guardianship (limited, temporary or general) in duration and scope given the individual's current limitations and…

A finding of incapacity under the chapter is not a finding of legal incompetence, and the individual keeps all legal rights and abilities except those expressly limited in the order of appointment, a protective…

Any qualified person may be appointed, but a person providing substantial professional or business services to the individual, a creditor, or an employee of a service provider has a disqualifying conflict unless the…

A verified petition for appointment must state the alleged incapacitated person's name, age, residence and address, the nature of incapacity, whether plenary or limited guardianship is sought, the petitioner's…

A petition to appoint a guardian heard at the conclusion of the incapacity hearing is heard without further notice;

Defines the chapter 744 terms, including an incapacitated person as one judicially determined to lack the capacity to manage at least some of the person's property or to meet at least some of the person's essential…

The order appointing a guardian must state whether the guardianship is plenary or limited (a limited guardian may exercise only the delegable rights removed and delegated), state the guardian's specific powers and…

After a petition to determine incapacity is filed, the court may appoint an emergency temporary guardian of the person or property on a specific finding of imminent danger to physical or mental health or safety, or that…

The court must appoint a qualified standby or preneed guardian unless contrary to the ward's best interests;

Any adult may file a verified petition to determine incapacity stating the petitioner's and alleged incapacitated person's identifying information and relationship, the person's primary language, whether the person uses…

Venue to declare incapacity is where the alleged incapacitated person resides or is found;

A competent adult may name a preneed guardian in a written declaration signed in the presence of two attesting witnesses and may file it with the clerk, who must produce it when an incapacity petition is filed;

While a guardianship or protective petition is pending the court may preserve and apply the alleged disabled person's property without notice only on affidavit facts showing immediate, substantial and irreparable…

A guardian of the property is appointed by the court on petition, after any required notice and hearing, where a minor owns or is entitled to property that requires management or protection, and § 13-207 then sets the…

A person nominated by a deceased parent's will ranks only fifth in the court's priority list for guardian of a minor's property, so the nomination is a factor rather than an appointment.

Text of the priorities for appointment as guardian of the person: a person the disabled person nominated at age 16 or older with sufficient capacity; a health care agent; the spouse; parents;

Official Maryland Judiciary petition form (revised July 2024) under Md. Rule 10-112 for guardianship of the person, property, or both of an alleged disabled person as defined in Estates and Trusts § 13-101(f) and Rule…

Where a basis exists under § 13-201, the circuit court may, without appointing a guardian, authorize or direct a transaction concerning the property, service or care arrangement of a minor or disabled person, including…

The court may direct the care of a disabled person, appoint a guardian of the person and pass appropriate orders, with procedures under the Maryland Rules and Title 13.5;

A guardian of the person is appointed only on clear and convincing evidence that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions (health care, food, clothing…

An adjudication of disability for a guardianship of the person may not be the basis for commitment to a mental institution, and appointment is not evidence of incompetency and does not modify the disabled person's civil…

The court may grant a guardian of the person only the powers necessary for the disabled person's demonstrated need, may appoint a guardian limited to health care decisions or for a limited time where the disability is…

Massachusetts petition statute: the petition states the petitioner's interest, the person's residence and proposed residence, the nature of the alleged incapacity and whether the petitioner seeks authority for…

A person may NOMINATE their own guardian in a will or other signed writing, and the court gives that nomination effect on the terms the section states.

Official Probate and Family Court guidance on filing to become guardian of an incapacitated adult: the petitioner chooses a plenary or limited guardianship and files the Petition for Appointment of Guardian for an…

Massachusetts conservatorship petition statute: the person to be protected or any interested person may petition for a determination of disability and appointment of a conservator or other protective order, stating the…

Massachusetts conservatorship findings: the court encourages maximum self-reliance and may appoint a conservator only on findings including a qualified petitioner, proper venue and notice, a medical certificate based on…

Massachusetts notice rule: the petitioner gives notice to the person (served in hand), the spouse and children or, if none, parents and siblings or heirs, any guardian, conservator or caretaker in the prior 60 days, all…

What the court must find before appointing a guardian, including that a less restrictive alternative is not available.

Massachusetts rule that a guardian accepts appointment by filing a bond before receiving letters, submitting to the court's jurisdiction, and that a surety is required on the bond of a guardian of an incapacitated…

Massachusetts text on a guardian's powers and reporting duties; subsection (e) provides that a guardian may not revoke, without court authorization, a health care proxy of which the incapacitated person is the…

The court may appoint a general guardian if the person is incapacitated under N.J.S.A.

Unless the court waives it, a guardian reports at the intervals the court orders on the condition of the ward and of the estate in the guardian's control;

A guardian of the person acts only to the extent adjudicated, with due regard to the ward's known preferences, and, consistent with the court's order, establishes the ward's abode, visits at least every three months or…

Where an incapacitated or alleged incapacitated person's property may be wasted or dissipated, or funds are needed for the person's support and care, the court may, subject to appointment of a guardian ad litem and…

In proceedings to determine incapacity or appoint a guardian for an alleged incapacitated person, the issue of incapacity may be tried without a jury under the Rules Governing the Courts of the State of New Jersey…

The Superior Court may determine incapacity and appoint a guardian of the person, estate or both;

Once a guardian of the person of an incapacitated person is appointed, the court has authority over the ward's person and related matters, and once a guardian of the estate is appointed, the court has authority over the…

For the benefit of the ward, the ward's dependents and household members, the court has all the powers over the ward's estate and affairs the ward could exercise if not disabled, except making a will, and may confer…

Text of the appointment standard: the court may appoint a guardian if the appointment is necessary to provide for personal needs (food, clothing, shelter, health care or safety) or to manage property and financial…

Consistent with the person's limitations, wishes and the least restrictive intervention, the court may authorize the guardian to manage property, support the person and dependents, and transfer part of the person's…

The court may grant powers necessary for personal needs, including choosing caregivers, social environment, travel, driving, records access, education, applying for benefits, health care decisions (as surrogate under…

An incapacitated person keeps all powers and rights except those granted to the guardian, the appointment is not conclusive evidence of incapacity for other purposes (including making a will), and title to property…

In the petition, or in a written document executed, acknowledged and filed in the proceeding before a guardian is appointed, the person alleged to be incapacitated may nominate a guardian.

New York: section 5-1501B's in-state execution route, subject to section 5-1512 and its preserved earlier instruments, requires legible twelve-point type or a reasonable written equivalent.

Definitions for article 81: a guardian may be an adult, a corporation or a public agency appointed by the Supreme Court, Surrogate's Court or County Court;

A proceeding is brought in the Supreme Court within the judicial district, or the County Court of the county, where the person alleged to be incapacitated resides or is physically present, or in the Surrogate's Court as…

The proceeding is commenced by filing the petition; the court signs an order to show cause returnable within 28 days (earlier for good cause), names the court evaluator, and requires the order to be in large type and…

Authorizes the probate court, on its own motion or an interested party's application, to appoint a guardian of the person, estate or both for a county resident, requires an adult respondent to be a qualified respondent…

The statewide standard application under R.C. 2111.03 for appointment of a guardian of an alleged incompetent: residence or legal settlement, the ground of incompetence under R.C.

Supplement to the Statement of Expert Evaluation required for an emergency guardianship request, asking whether the individual has a durable health care power of attorney and why it is not being honored, the exact…

The principal may nominate a guardian in the power of attorney and the section orders the agent's relationship to a court-appointed fiduciary. Cheap to include and it keeps the client's choice before the court.

Defines incompetent for Ohio guardianship as a person so mentally impaired, from mental or physical illness or disability, intellectual disability or chronic substance abuse, that the person cannot take proper care of…

An applicant for appointment as guardian, including a limited guardian, must file an application stating the ward's whole estate, its probable value and annual real property rents, whether the applicant has been charged…

Except for interim or emergency guardians, no guardian may be appointed until at least seven days after written notice of the hearing is served;

Lets a person nominate in a signed writing, witnessed by two witnesses with an attestation or acknowledged before a notary, a guardian of the nominator's person, estate or both (or of minor or incompetent adult…

Makes the probate court the superior guardian of wards, limits a guardian to the authority granted by statute, case law and court order, and gives the court, and through it the guardian, the ward's powers except to make…

The standard expert evaluation under Sup.R. 66 and R.C. 2111.49 that accompanies a guardianship application or emergency application, quoting the R.C.

Rule text: the petition must state in plain language the petitioner's and respondent's identifying information, the spouse, parents and presumptive intestate heirs, residential and other service providers, any health…

Official statewide form published by the Unified Judicial System: the citation served on the respondent states that a petition has been filed to have the person declared incapacitated, orders appearance at the stated…

Official statewide form published by the Unified Judicial System, effective June 1, 2019: instructions state that incapacity must be shown by testimony of a qualified expert and that the court may accept a complete and…

A guardian of the person or estate of a resident may be appointed by the court of the county in which the incapacitated person is domiciled, is a resident or is residing in a long-term care facility;

In every case the court must make specific findings on the nature and extent of the condition impairing the individual's capacity to make and communicate decisions, the need for guardianship services in light of…

Rule text: the determination must meet 20 Pa.C.S. §§ 5511, 5512 and 5512.1 and the petitioner must present the citation and proof of service at the hearing.

An "incapacitated person" is an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to…

On petition, hearing and clear and convincing evidence the court may find a domiciliary incapacitated and appoint a guardian of the person or estate;

Requires the court, in every proceeding under the Estates Code guardianship title for the appointment of a guardian, to appoint an attorney ad litem to represent the proposed ward's interests.

A proceeding to appoint a guardian of an incapacitated person must be brought in the county where the proposed ward resides or is located on the filing date or where the proposed ward's principal estate is located, with…

Requires a sworn application stating, among other things, the proposed ward's identifying information, the proposed guardian and relationship, whether guardianship of the person, estate or both is sought, whether…

Where the proposed ward lacks capacity to do some but not all necessary tasks, with or without supports and services, the court may appoint a guardian with limited powers and let the ward act commensurate with ability;

Lists alternatives to guardianship the application and findings must address, including a medical power of attorney, a durable power of attorney, a declaration for mental health treatment, a representative payee, a…

Defines an incapacitated person for Texas guardianship as a minor, an adult who because of a physical or mental condition is substantially unable to provide food, clothing or shelter for himself or herself, care for the…

The court may not create a guardianship for an adult (other than one needed only to receive government funds) without a written letter or certificate from a Texas-licensed physician, or for a mental condition a licensed…

Requires the court to appoint a temporary guardian with limited powers as the circumstances require when presented with substantial evidence that a person may be incapacitated and there is probable cause to believe the…

Requires the sheriff or other officer to personally serve citation on a proposed ward 12 or older, the proposed ward's parents and spouse if their whereabouts are known or reasonably ascertainable, any court-appointed…

Official addendum filed under seal under Va. Code § 64.2-2002 with a petition for appointment of a guardian or conservator, carrying the respondent's Social Security number so it is removed from the public petition.

Text, read through the page reader because the publisher prints two versions (contingent expiration and contingent effective dates under Acts 2026, cc. 992 and 1081, cl. 3).

The fiduciary qualifies before the clerk by oath, bond (no surety on a guardian's bond; a conservator's bond with or without surety as ordered) and written acceptance of court educational materials;

Official instructions (revised 07/25) listing what accompanies a guardianship or conservatorship petition: the petition, the civil cover sheet CC-1416 if the clerk requires it, the confidential financial addendum…

Official Supreme Court of Virginia cover sheet required by Va. Code § 64.2-2002(C), filed with every petition for appointment of a guardian and/or conservator;

A supported decision-making agreement is an agreement between an adult with an intellectual or developmental disability (the principal) and a supporter setting out specific support, such as help monitoring and managing…

Text, read through the page reader because the publisher prints two versions (one with a contingent expiration date and one with a contingent effective date under Acts 2026, cc. 992 and 1081, cl. 3).

Any person, including a community services board or government agency, may petition.