50-State Surveys › Adult Guardianship and Conservatorship Petition Requirements by State
Adult Guardianship and Conservatorship Petition Requirements by State
What must a petition for adult guardianship or conservatorship allege, what proof and evaluations are required, and what rights and less restrictive alternatives must the court address before appointment?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-07-18
What this survey covers
An adult guardianship or conservatorship case can transfer authority over a person's health, living arrangements, contracts, money, or property to someone else. The labels vary: California uses conservator of the person and conservator of the estate, while many states use guardian for personal decisions and conservator for property. The legal question is the same: what must be alleged and proved before a court may restrict an adult's rights?
This survey follows the ordinary general petition from filing to the initial appointment order. It compares who may file and where, what facts and existing supports the petition must disclose, the functional standard and burden of proof, less restrictive alternatives, service and hearing timing, the adult's right to counsel and participation, the state's medical or court-evaluator process, and the findings that limit the final order. It does not cover minors, civil commitment, emergency appointments as a substitute for the general case, or the guardian's later reports and accountings.
The organizing principle: function, supports, and tailored powers
The central issue is not whether an adult has a diagnosis. It is whether the state's functional standard is proved and whether a less restrictive response can meet the adult's identified needs. Washington makes the distinction express: "Age, eccentricity, poverty, or medical diagnosis alone are not sufficient" and requires proof tied to decision-making ability, risk of harm, and the absence of a sufficient less restrictive alternative (RCW 11.130.265).
California likewise requires an express finding that conservatorship is "the least restrictive alternative needed for the protection of the conservatee" and directs the court to consider the adult's abilities with current and possible supports (Cal. Prob. Code § 1800.3). Its personal and financial standards are separate, and both require clear and convincing evidence (§ 1801).
What the finished table shows
The states use three recurring structures. Many separate a guardian for personal decisions from a conservator for property and finances, even when the petitions may be combined or consolidated. Another group uses one label for both domains: California and Tennessee use adult conservatorship, while states including Illinois, New York, Pennsylvania, Texas, and Wisconsin use guardianship of the person, estate, or both. Florida is a procedural outlier: it generally pairs an incapacity petition with a separate appointment petition.
Clear and convincing evidence is the dominant expressly stated appointment burden, but it is not universal. Colorado, Hawaii, Minnesota, and Wyoming use a preponderance formulation for at least the ordinary appointment decision; New Hampshire requires proof beyond a reasonable doubt; North Carolina uses clear, cogent, and convincing evidence; and several states state the required findings without assigning a quantified burden in the appointment section. Across those variations, the common substantive pattern is functional inability plus need or risk, followed by a separate necessity, best-interest, or less-restrictive inquiry.
The evidence process varies just as sharply. Some states require a recent medical or psychological certificate with the petition. Others appoint a court visitor, evaluator, guardian ad litem, or investigator after filing. Florida uses a three-member examining committee, while a smaller group permits clinical evidence to be ordered only when needed. Counsel rules likewise range from automatic appointment, to appointment on the adult's request or another statutory trigger, to court discretion. Those differences are why the evaluator and counsel columns are kept separate even when two states share the same incapacity standard.
Why the evaluator column matters
States build the evidence differently. Florida appoints a three-member examining committee within five days after the incapacity petition, requires each member to examine the adult, and requires clear and convincing proof at the hearing (Fla. Stat. § 744.331). Massachusetts ordinarily requires a recent medical certificate with a guardianship petition and a similar certificate with an adult conservatorship petition, while allowing the court to waive or postpone it when supported facts show it cannot be obtained (Mass. Gen. Laws ch. 190B, §§ 5-303 and 5-404). California instead mandates a court-investigator process that includes a personal interview, rights explanation, review of alternatives and medical reports, and a written report before the hearing (Cal. Prob. Code § 1826).
Rights before the court acts
Notice and counsel rules are part of the merits, not filing trivia. California requires service of the citation and petition on the proposed conservatee at least 15 days before the hearing (Cal. Prob. Code § 1824) and requires appointed counsel when the adult is unrepresented and does not plan to retain counsel (§ 1471). Florida appoints counsel in every incapacity case, requires the petitions to be served on and read to the adult, and ordinarily requires the adult's presence at the adjudicatory hearing (Fla. Stat. § 744.331).
How to read the table
Each column answers the same petition-to-order question in every jurisdiction. Short values identify the real procedural shape; the state page supplies the functional standard, exact timing, exceptions, and verbatim statutory text. Read the personal-authority and property-authority rules separately. A state may use one filing system for both, apply different legal tests, or allow the court to grant only one form of authority.
Get this answered for your state
This survey compares every state side by side. Ezel applies your state's law to your specific situation and answers with citations to the statutes.
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| State | Proceeding and state terminology | Who may file and where | What the petition must contain | Proof required for appointment | Alternatives the court must address | Notice, service, and hearing timing | Counsel and hearing rights | Medical evidence or court evaluator | Limits on the order |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-07-19 | Separate Alabama Uniform Guardianship and Protective Proceedings Act tracks: guardian for personal-care authority; conservator or another protective order for property/business affairs (Ala. Code §§ 26-2A-20, -102, -130). Limited appointments are authorized (§§ 26-2A-105, -148). |
The adult or anyone interested in the adult's welfare may seek a limited or general guardian (§ 26-2A-102). The adult or anyone interested in the estate, affairs, or welfare—including named relatives, a guardian/custodian, or someone harmed by ineffective management—may seek a conservator/protective order (§ 26-2A-133). Guardian venue is residence/presence, plus the ordering court's county after court-ordered institutional admission (§ 26-2A-101); conservator venue is residence or, for a nonresident, where property is located (§ 26-2A-132). |
The ordinary guardian filing statute identifies who may petition and whether limited or general authority is sought but gives no itemized contents checklist (§ 26-2A-102(a)). A conservator petition must state the petitioner's interest; adult's name, age, residence/address; known notice recipients; property and estimated value, compensation/insurance/pension/allowance; necessity; bond relief; and proposed conservator, address, and priority basis (§ 26-2A-133). |
Guardian: the court must be satisfied the adult meets the functional incapacity definition and appointment is necessary or desirable for continuing care/supervision (§§ 26-2A-20(8), -105(b)). Conservator: inability to manage property/business effectively plus likely waste/dissipation or need for protected support funds (§ 26-2A-130(c)). These sections do not state a quantified evidentiary burden. |
The court must encourage maximum self-reliance and make guardian/protective orders only to the extent necessitated by the adult's limitations (§§ 26-2A-105(a), -136(a)). It may use a transaction, trust, service, care, or other protective arrangement without appointing a conservator and must consider whether continuing conservatorship is needed (§ 26-2A-137). The Act does not make alternatives an itemized petition checklist. |
The adult, spouse, adult children (or parents if none), current guardian/conservator or custodian, a nearest in-state adult relative when needed, and court-directed persons receive notice (§ 26-2A-103); conservatorship uses the same framework (§ 26-2A-134). The adult is personally served and cannot waive notice. Current § 26-2A-50 generally requires mail or personal delivery at least 14 days before hearing; publication runs weekly for 3 weeks with the last publication at least 10 days before hearing. The court sets the hearing after filing; no ordinary filing-to-hearing deadline appears. |
If the adult lacks counsel, the court appoints an attorney in both tracks (§§ 26-2A-102(b), -135(b)). The adult may attend, present evidence, cross-examine the examiner and court representative, demand the jury available under § 26-2A-35, and request a closed hearing. In conservatorship, absence requires a best-interest finding (§ 26-2A-135(d)). |
Guardianship requires a court-appointed physician or other qualified examiner's written report and a court representative's interviews, dwelling visits, and written report (§ 26-2A-102(b)). Adult conservatorship requires a court-designated physician or qualified examiner when the alleged disability is one of the listed conditions; a court representative is currently discretionary (§ 26-2A-135(b)-(c)). |
Guardian orders must maximize independence, may be limited, and may grant appointment only when incapacity and need are found (§ 26-2A-105). Protective orders are limited to necessity; a conservator may be limited to specified property, and the incapacity finding otherwise does not affect capacity (§§ 26-2A-136, -148). Current emergency guardianship permits a no-notice appointment up to 30 days; interim property preservation is in § 26-2A-136(b)(1). Act 2026-488 replaces these rules for proceedings beginning Jan. 1, 2027 with separate 60-day temporary and 10-day emergency guardian/conservator routes. |
| Alaska verified 2026-07-19 | Separate AS 13.26.201–.316 guardianship and AS 13.26.401–.575 conservatorship/protective-order tracks. Guardians may be partial or full; a full guardian ordinarily has conservator powers unless modified, while a conservator-only case concerns property and affairs (§ 13.26.316). |
Any person may petition for guardianship, including for oneself; file where the adult resides or is present (§§ 13.26.216, .221). The adult, legal representative, anyone interested in the adult's estate, affairs, or welfare, the Department of Health, or a person harmed by ineffective property management may seek conservatorship; venue is the adult's Alaska residence or, for a nonresident, where property is located (§§ 13.26.411, .415). |
Guardian petition: parties, current custodian/fiduciary and capacity restrictions, nature and degree of incapacity, type/duration and protection sought, closest relatives, supporting facts, and knowledgeable witnesses (§ 13.26.221). Current court forms also require functional examples, requested powers, existing SDMA/POA/directive/payee, finances, nominee priority, and sworn verification; the conservator form adds assets, debts, income, expenses, and property-risk facts. |
Guardianship: clear and convincing proof that impaired information/communication ability leaves the adult unable to provide essential health or safety needs without court-ordered help (§§ 13.26.005, .251). Conservatorship: inability to manage property and affairs for a listed reason plus likely waste/dissipation or a need for protected support funds (§ 13.26.401); §§ 13.26.401 and .430 do not state a separate burden of proof. |
Mandatory in both tracks. A guardian visitor may recommend guardianship only when needs cannot be met otherwise; the court must test alternatives before partial or full appointment and may grant a power only when no sufficient narrower option meets the need (§§ 13.26.236, .251, .266). A conservator may be appointed only if a less restrictive protective order or special conservator is inadequate (§ 13.26.430). |
Guardian: the visitor serves the petition on the adult and explains rights; the adult and listed relatives, fiduciaries/caregivers, recent evaluators, counsel, and any GAL receive hearing notice, with the general rule requiring at least 14 days for listed persons other than the visitor-served adult; the hearing is due within 120 days after filing unless postponed for cause (§§ 13.06.110, 13.26.226, .231, .296). Conservator: the adult and spouse or parents receive personal, certified-mail, or court-rule service at least 14 days before hearing (§ 13.26.420). |
Guardian: counsel is a right, with OPA appointed if the adult cannot afford counsel; counsel must represent the adult zealously. The adult may attend unless too disruptive, present and cross-examine evidence, remain silent, choose an open or closed hearing, and demand a jury on incapacity (§§ 13.26.226, .246, .251). Conservator: the court must appoint a lawyer unless the adult has chosen counsel (§ 13.26.430). |
Guardian: the court must appoint a visitor and incapacity expert; the visitor arranges examination, investigates, and files the expert-backed report within 90 days. The report analyzes function, supports, placement, resources, and alternatives; parties have 10 days to respond, and the adult may request a court-appointed expert at least 5 days before hearing (§§ 13.26.226, .236, .241). Conservator: physician examination and a visitor are discretionary under § 13.26.430. |
Guardian order must support each power with findings, adopt a plan no more restrictive than reasonably necessary, and withhold any power for which sufficient alternatives exist; partial guardianship precedes full guardianship, and untransferred rights remain (§§ 13.26.201, .251, .266). A conservator/protective order does not itself affect capacity (§ 13.26.435). Temporary guardian and conservator requests are separate and receive hearings within 72 hours (§§ 13.26.301, .445). |
| Arizona verified 2026-07-18 | Title 14 uses separate tracks: guardian for personal decisions under art. 5 and conservator/other protective order for estate and affairs under art. 4. Separate petitions and standards apply (A.R.S. §§ 14-5101, 14-5303, 14-5401, 14-5404). |
Adult or person interested in affairs/welfare may seek guardian; adult, parent/guardian/custodian, person interested in estate/affairs, or person harmed by ineffective management may seek conservator. Guardian venue is residence/presence or committing court county; conservator venue is residence or Arizona-property county for nonresident (§§ 14-5302, 14-5303, 14-5403, 14-5404). |
State petitioner interest; adult identity/residence; proposed appointee and priority; current guardian/conservator; nearest relative; property/value and benefits; need; and POAs/trust. Guardian petition also states life-sustaining-treatment warning, full-vs-limited type and powers, alternatives explored, physical-only basis, and specified prior family orders (§§ 14-5303, 14-5404). |
Clear and convincing evidence. Guardian: adult lacks capacity for responsible personal decisions, appointment meets demonstrated needs, and needs cannot be met by less restrictive means. Conservator: adult cannot effectively manage estate/affairs and property risks waste/dissipation or funds are needed for support/care (§§ 14-5101, 14-5304, 14-5401). |
General-guardian petition must say alternatives were explored and why limited guardianship is inappropriate; court cannot appoint guardian if needs can be met by less restrictive means, including technology. Financial track authorizes another protective order, but §§ 14-5401, -5404 and -5407 do not state the same express no-alternative prerequisite. |
At least 14 days before hearing, personally serve adult, spouse and parents found in Arizona; notify adult children, current fiduciary/custodian, closest relative if needed, and demand-for-notice filers by statutory method. Adult cannot waive notice unless attending; guardianship notice states jury right (§§ 14-5309, 14-5405). |
Independent counsel appointed in both tracks unless adult already has counsel. Adult may attend, present evidence, cross-examine examiner/investigator, request closed hearing, and has jury rights. Conservatorship ordinarily requires in-person or virtual appearance unless missing/detained or evidence shows inability/unwillingness (§§ 14-5303, 14-5401, 14-5407). |
Guardianship: court-appointed investigator plus physician, psychologist or RN examination; clinician reports diagnosis, functional impairments, daily tasks, medications and prognosis. Conservatorship: investigator required for usual disability grounds; medical/psychological evaluation is discretionary. Investigator has law/nursing/social-work background, interviews adult/appointee and visits residence (§§ 14-5303, 14-5308, 14-5407). |
Guardian order must maximize independence and may limit powers/time; general appointment requires no sufficient lesser means. Conservator order needs specific on-record findings and may use another protective order. Separate temporary statutes allow no-notice relief for immediate irreparable harm; such orders generally expire within 30 days, with extension rules (§§ 14-5304, 14-5310, 14-5401, 14-5401.01, 14-5407). |
| Arkansas verified 2026-07-18 | Chapter 65 uses 'guardian' for the person, estate, or both, including limited guardians (§ 28-65-101). Chapter 67 separately permits a consent-based conservator of the estate for inability to manage property because of advanced age or physical disability (§§ 28-67-103 to -105). |
Any person may seek appointment of self or another qualified guardian (§ 28-65-205(a)); file in the adult's county of domicile, residence if not domiciled in Arkansas, or county holding most Arkansas property if neither (§ 28-65-202(a)). The separate conservatorship begins by verified petition of any person, relative, or friend and requires the adult's consent unless self-filed (§ 28-67-103). |
State the adult's identity and residence; incapacity and purpose; property and benefits; existing guardians; proposed guardian; closest relatives; caregiver or institution; the nominee's existing wards; reasons and petitioner interest; alleged disability; recommended type, scope, and duration; service-provider notice; and knowledgeable witnesses (§ 28-65-205(b)). |
Clear and convincing evidence must show incapacity, that guardianship is necessary to protect the adult, and that the appointee is qualified and suitable (§§ 28-65-210, -213). Incapacity is functional inability to make or communicate health/safety or estate decisions (§ 28-65-101). The consent conservatorship uses a full hearing and an advanced-age-or-physical-disability property-management test (§ 28-67-105). |
The evaluation must recommend available least restrictive alternatives (§ 28-65-212). After finding incapacity, the court determines its extent and whether alternatives are feasible; it may dismiss when feasible alternatives adequately meet the adult's needs (§ 28-65-213(c)). |
Serve the adult personally if reasonably possible, with hearing notice, due-process notice, and the Ward's Bill of Rights; give at least 20 days' notice even if shortened for good cause (§ 28-65-207). Required recipients include the spouse, existing guardian/caregiver and service agency, and—if no known spouse—one nearest competent relative. The consent conservatorship separately notices the spouse or, if none, a nearest competent relative (§ 28-67-104). |
The adult has rights to counsel, present evidence, cross-examine, attend or participate electronically, and subpoena an evaluator (§ 28-65-213). The statute states a right to counsel but does not itself make appointment automatic. Absence requires an inquiry and clear and convincing evidence that attendance or electronic participation is unsafe, inappropriate, or impossible. |
Before the adult hearing, a physician, licensed psychologist, or licensed certified social worker with relevant training and experience must evaluate medical/physical condition, adaptive behavior, intellectual function, needed assistance, and alternatives (§ 28-65-212). If no evaluation from the prior six months is available, the court orders an independent one; incapacity evidence also needs oral testimony or a sworn statement from at least one qualified professional (§ 28-65-211). |
The order must find incapacity and need, identify person/estate/both and the nature of the guardianship, and may define transferred powers and retained rights; a limited order must specify the guardian's powers and duties (§ 28-65-214). Separate emergency relief requires detailed verified facts of imminent danger or property loss, a review hearing within 14 days, and any adult temporary guardianship is capped at 90 days (§ 28-65-218). |
| California verified 2026-07-18 | General probate conservatorship under Probate Code §§ 1800.3–1836; the court may appoint a conservator of the person, estate, or both. California uses 'guardian' for minors, not this ordinary adult proceeding. |
The adult, spouse/domestic partner, relative, interested state/local agency or officer, or any other interested person/friend may file; a creditor may file only if also in a permitted spouse/relative/agency category (§ 1820). File in the adult's county of residence or another county the court finds is in the adult's best interests (§ 2201). |
Request person, estate, or both; identify the adult and proposed conservator; explain necessity; list spouse/partner and relatives; disclose professional-fiduciary fees/engagement when applicable; and, if filed by someone else, document diligence and the adult's preferences. A separate confidential supplement must give functional personal/financial facts, residence, services, and alternatives considered or tried (§ 1821). |
Clear and convincing evidence (§ 1801(e)): for the person, inability to provide properly for physical health, food, clothing, or shelter; for the estate, substantial inability to manage financial resources or resist fraud/undue influence. Isolated negligence or improvidence alone cannot prove the financial standard (§ 1801(b)). |
Mandatory. The court must expressly find conservatorship is the least restrictive alternative and consider abilities with current/possible supports (§ 1800.3); the filing must explain why alternatives are unsuitable and describe alternatives tried, including supported decision-making, powers of attorney, advance directives, and a health-care surrogate (§ 1821(a)(1)(C)). |
Citation and petition must be served on the adult at least 15 days before the hearing (§ 1824). At least 15 days before the hearing, notice plus the petition must also go to the spouse/domestic partner and listed relatives; the court may not shorten that notice period (§ 1822). |
If unrepresented and not planning to retain counsel, the adult must receive appointed public-defender or private counsel (§ 1471). The adult may appear, oppose, and demand a jury (§§ 1823, 1827), and ordinarily must be produced at the hearing; statutory absence grounds are out-of-state service, medical inability, or an investigator-confirmed knowing nonappearance/no-contest position accepted by the court (§ 1825). |
A court investigator must personally interview the adult and key participants, explain rights, review the petition and relevant medical reports, assess functional deficits and preferences, and file and deliver a written report at least 5 days before the hearing (§ 1826). The general statute uses this investigator process rather than making a physician certificate a universal petition attachment. |
The court must expressly find conservatorship is the least restrictive alternative and consider supports before granting person, estate, or combined authority (§ 1800.3). Temporary conservatorship is a separate good-cause petition available only on or after the general petition is filed and lasts pending final determination (§ 2250). |
| Colorado verified 2026-07-18 | Colorado Uniform Guardianship and Protective Proceedings Act, C.R.S. §§ 15-14-101 to -412: guardianship covers personal needs; conservatorship or another protective order covers property and affairs. The same court may consolidate both tracks (§ 15-14-109(2)). |
Guardian: the adult or a person interested in the adult's welfare (§ 15-14-304(1)). Conservator/protective order: the adult, a person interested in the adult's estate, affairs, or welfare, or someone adversely affected by ineffective management (§ 15-14-403(1)). File where the adult resides; nonresident property proceedings may be filed where Colorado property lies (§ 15-14-108(2)-(3)). |
Both petitions identify the filer, respondent, spouse/partner or co-resident, adult children/parents or nearest kin, caregivers and treating physician, legal representatives, proposed appointee, property/income, and requested scope. A full guardianship or conservatorship request must explain why limited authority is inappropriate (§§ 15-14-304(2), 15-14-403(2)-(3)). |
Guardian: clear and convincing proof that the adult meets the functional incapacity definition and identified needs cannot be met by less restrictive means (§§ 15-14-102(5), 15-14-311(1)). Conservator: clear and convincing proof of impaired property-management ability, plus preponderance proof of threatened property or support need (§ 15-14-401(1)(b)). |
Guardianship is barred if identified needs can be met by less restrictive means, including reasonably available technology; the visitor must assess supportive services and alternatives (§§ 15-14-305(5), 15-14-311(1)). For property, the visitor reports on less restrictive intervention and the court may authorize a transaction or arrangement without appointing a conservator (§§ 15-14-406(5), 15-14-412). |
The court sets the hearing. Serve the adult personally with petition and rights notice; give the petition and hearing notice to listed people (§§ 15-14-309, 15-14-404). Unless a specific rule applies or the court finds good cause, notice is due at least 14 days before the hearing (§ 15-14-113). |
Appointed counsel is required if the adult requests it, the visitor recommends it, or the court finds representation needed (§§ 15-14-305(2), 15-14-406(2)). The adult attends unless excused for good cause and may present evidence, subpoena and examine witnesses, participate with accommodations, and object to closure (§§ 15-14-308, 15-14-408). No appointment-section jury rule is stated; civil and probate procedure otherwise governs (§ 15-14-109). |
A court-appointed visitor is mandatory in guardianship and ordinarily mandatory when conservatorship is requested; the visitor interviews the adult and relevant people, investigates function and alternatives, and reports promptly (§§ 15-14-305, 15-14-406). A clinical evaluation is discretionary unless the adult demands one, then court-ordered examination and a written functional report are required (§§ 15-14-306, 15-14-406.5). |
Grant only powers required by demonstrated needs and favor the least restrictive order and maximum independence (§§ 15-14-311(2), 15-14-409(2)). Effective August 12, 2026, Ch. 227 adds a ward bill of rights and requires stated findings to restrict voting, reproductive, or marital-status rights, without changing appointment standards. Emergency guardianship is a separate, power-limited order lasting no more than 60 days (§ 15-14-312); interim property-preservation orders are separate (§ 15-14-406(6)). |
| Connecticut verified 2026-07-18 | Conn. Gen. Stat. §§ 45a-644-.650: one involuntary-representation case may appoint a conservator of the person, estate, or both. Personal and financial incapability have separate functional tests; voluntary representation needs no incapacity finding (§ 45a-644). |
Any person may apply. File in the Probate Court district where the adult resides, is domiciled, or is located when filed (§ 45a-648(a)); nondomiciliary jurisdiction follows the interstate provisions (§ 45a-648(b)). |
The statute requires allegations that the adult cannot manage affairs, cannot care for self, or both, plus the reasons for the alleged incapability (§ 45a-648(a)). It does not require the ordinary application itself to include the hearing-stage medical evidence (§ 45a-650(c)). |
Clear and convincing proof. Person: functional inability, inadequate care without appointment, and least-restrictive necessity. Estate: functional inability plus property/funding risk, inadequate management without appointment, and least-restrictive necessity (§§ 45a-644(c)-(d), 45a-650(f)). |
Mandatory bar and tailoring rule: no appointment when specified agents or agencies adequately meet personal/property needs; court considers prior directives, supports, services, and technology, and must use the least restrictive intervention (§§ 45a-644(k), 45a-650(f)-(g), (m)). |
Current § 45a-649: citation at least 10 days before hearing; hearing no more than 30 days after Probate Court receives the application absent cause. Personal service on adult and nonapplicant spouse; the court directs additional statutory notice. Signed October 1, 2026 changes are flagged below. |
Adult may choose counsel and has a right to attend (§§ 45a-649, 45a-650(a)). Court appoints counsel if the adult cannot request or obtain one; indigent/unable-to-pay adults receive counsel unless they knowingly refuse (§§ 45a-649(d), 45a-649a). Hearing moves to facilitate requested attendance; civil evidence rules and sworn testimony apply. |
Unless specifically waived, hearing-stage medical evidence comes from a Connecticut-licensed physician who examined the adult within 45 days; a licensed psychologist may substitute for an adult with intellectual disability. Waiver requires impossibility, refusal/absence, or nonmedical incapacity and a specific finding (§ 45a-650(c)). |
Court assigns only least-restrictive duties, with clear and convincing evidence for each; adult and agent retain rights not expressly assigned (§ 45a-650(l)-(m)). Temporary conservator is separate: immediate irreparable harm, clear proof, least-restrictive necessity, and no more than 60 days (§ 45a-654). |
| Delaware verified 2026-07-19 | One Chancery petition may seek guardian of person, property, or both; “conservator” means guardian of property (12 Del. C. §§ 3901, 39A-101). |
Petitioner states the relationship or, if unrelated, the nature of the interest in the adult's health and wellbeing; file in the Court of Chancery; no county-venue rule appears in § 3901 or Rule 175. |
Verified under penalty of perjury; adult and residence/institution; interested parties; agency and estate documents; finances; incapacity and danger; special authority; proposed orders; physician and proposed-guardian affidavits (Del. Ch. Ct. R. 175). |
Mental or physical incapacity must cause inability to manage person/property plus the specified danger; § 3901 and Rule 177 name no burden, and unopposed relief may be granted without a further showing. |
No express appointment prerequisite in § 3901 or Rule 175; current Form CM1 calls guardianship a last resort and asks what decision areas the adult can continue to handle. |
At least 10 days' notice to parties, recent Delaware counsel, and interested parties by certified mail or tracked courier unless the court orders otherwise; attorney ad litem gives the adult actual notice (Rules 176-177). |
Adult is entitled to counsel (§ 3901(c)); attorney ad litem may be appointed routinely; court may require the adult to appear; objections trigger evidence; no jury provision in Chapter 39 or Rules 175-177. |
Physician affidavit required; current packet requires an examination within 3 months; court may appoint an attorney ad litem and court representative to investigate and report (Rules 175-176; Form CM1). |
Person powers must be necessary; property power may be limited or asset-specific; interim order up to 30 days must enumerate full or limited powers and retained decisions (12 Del. C. §§ 3901(d), 3922-3923). |
| District of Columbia verified 2026-07-19 | One Chapter 20 intervention proceeding may request a limited or general guardian for personal care, a conservator for estate management, both, or another protective order. General proceedings begin on Probate Form II-A in D.C. Superior Court's Probate Division (§ 21-2011; Rule 321). |
The adult or anyone interested in the adult's welfare may seek a guardian (§ 21-2041); the adult or anyone interested in the estate, affairs, or welfare may seek a conservator or other protective order (§ 21-2052). File in the Probate Division of the Superior Court of the District of Columbia. |
Guardian: petitioner identity/interest, adult's name, age, residence/address, and reasons stated with enough particularity to select the examiner and visitor; mail the petition to the adult within 3 days (§ 21-2041). Property petition: those core facts plus any guardian, nearest relative, property and estimated value, benefits, necessity facts, and proposed conservator/priority (§ 21-2052). Rule 321 also requires Form II-A, hearing notice, proposed counsel order, and appointment orders if an examiner, visitor, or GAL is sought. |
Clear and convincing evidence is required for either appointment (§ 21-2003). Guardianship requires functional incapacity plus necessity for continuing personal care and supervision (§§ 21-2011, 21-2044). Conservatorship/protective relief requires incapacity, disappearance, detention, or hostage status plus threatened property waste/dissipation or protected-support-funds need (§ 21-2051). Competence is presumed; mental-health hospitalization or intellectual disability alone does not establish incapacity (§ 21-2002). |
For guardianship, the court must choose the least restrictive type in duration and scope and may limit powers (§ 21-2044); counsel must explain available alternatives (§ 21-2033). For property, orders extend only as necessitated and must promote maximum independence (§ 21-2055), and the court may authorize a transaction, trust, or care arrangement without appointing a conservator (§ 21-2056). The statutes require tailoring but do not state an absolute alternatives-exhaustion bar. |
Guardian petition: first-class mail to the adult within 3 days after filing, then personal hearing notice that cannot be waived (§§ 21-2041, 21-2042). Spouse or, successively, adult children or parents; current guardian/conservator or caregiver; a nearest adult relative if needed; and court-designated people also receive notice. Personal delivery is at least 14 days before hearing and mail at least 17 days; conservator cases use the same notice rules (§§ 21-2031, 21-2053). No fixed ordinary hearing deadline appears; current court guidance says about one month after acceptance and requires the service affidavit at least 5 days before hearing. |
Counsel is appointed unless the adult is already represented or, in the property track, has chosen counsel; counsel zealously advances expressed wishes (§§ 21-2033, 21-2041, 21-2054). The adult attends unless good cause supports absence, may present evidence and cross-examine witnesses, and may request a closed hearing. The cited statutes and current Rule 321 do not state a jury-trial right. |
Guardian: the court ordinarily appoints a qualified examiner and separate visitor, but may waive the visitor and may waive the examiner when a written report is submitted; special intellectual-disability and temporary-health-care exceptions apply (§ 21-2041). A visitor interviews the adult, petitioner, and nominee, visits current/proposed residences, checks conflicts, and reports (§ 21-2033); Rule 321 makes appointed reports due 10 days before hearing. Conservator-only: examiner and visitor appointments are discretionary, and any current diagnostic evaluation or treatment plan must be presented (§ 21-2054). |
A guardian order must select the least restrictive duration and scope, may limit powers, and must endorse limits on the letters (§ 21-2044); guardian decisions follow substituted judgment where possible and include the adult (§ 21-2047). Property orders may reach only what limitations necessitate, and a special conservator or single transaction may replace continuing conservatorship (§§ 21-2055, 21-2056). Emergency guardianship is a separate, counsel-and-notice track lasting at most 21 days; a hearing is due within 48 hours only after a request (§ 21-2046). |
| Florida verified 2026-07-18 | Chapter 744 uses a verified incapacity petition (§ 744.3201) plus a separate verified guardian-appointment petition (§ 744.334), which may be filed together. One process determines the specific rights affected; the other requests a limited or plenary guardian of the person, property, or both. |
Any adult may execute the incapacity petition (§ 744.3201). Incapacity venue is where the alleged incapacitated person resides or is found; appointment venue for a Florida resident is the county of residence, with a found-county option when the adult is located elsewhere (§ 744.1097). |
The incapacity petition must identify the parties and next of kin, give observed facts and knowledgeable witnesses, identify the physician, state which rights are allegedly impaired, and address existing assistance including supported decision-making (§ 744.3201). The appointment petition must identify the proposed guardian, limited/plenary scope, alternatives and why insufficient, kin, and the nature/value of property (§ 744.334). |
Partial or total incapacity must be proved by clear and convincing evidence (§ 744.331(5)-(6)). The written order must identify the exact incapacity, legal disabilities, and rights the adult cannot exercise; total incapacity requires findings that the adult is totally without capacity to care for self or property. |
Mandatory at filing and decision. Both petitions address assistance or alternatives and why insufficient (§§ 744.3201, 744.334). The court may not appoint a guardian if an alternative sufficiently addresses the adult's problems, and a plenary guardian is disfavored when a less restrictive form works (§§ 744.1012, 744.331(6)(b)). |
The incapacity and appointment petitions must be served on and read to the adult; copies also go to appointed counsel and identified next of kin (§ 744.331(1)). The adjudicatory hearing is 10–30 days after the last committee report absent waiver/good cause. If appointment follows the incapacity hearing immediately, no further notice is required; a later appointment hearing requires reasonable notice (§ 744.3371). |
Court-appointed counsel is mandatory in every incapacity case; the adult may substitute chosen counsel (§ 744.331(2)). The adult must attend unless the adult or counsel waives attendance or the court finds good cause. The adult may object to committee reports at least 5 days before hearing and invoke the evidence rules; § 744.331 supplies a judicial adjudicatory hearing but no statutory jury right. |
Within 5 days after filing, the court appoints a 3-member examining committee; one member must be a psychiatrist or other physician, all must examine the adult, and each files a report within 15 days (§ 744.331(3)). Reports must reach the petitioner and counsel at least 10 days before hearing; if a majority finds no incapacity in any respect, the petition must be dismissed. |
The order removes only specifically proved rights; the adult retains every right not removed, and no guardian may be appointed if a sufficient alternative exists (§ 744.331(6)). Emergency temporary guardianship is separate: imminent serious harm or property loss, enumerated powers, appointed counsel, ordinarily 24-hour notice, and a 90-day term subject to one extension (§ 744.3031). |
| Georgia verified 2026-07-18 | Parallel Title 29 proceedings: a guardian addresses significant health/safety decisions (§§ 29-4-1, 29-4-10), while a conservator addresses significant property-management decisions (§§ 29-5-1, 29-5-10). A person may need one or both; each track has its own petition and order. |
Any interested person, including the proposed ward, may file (§§ 29-4-10(a), 29-5-10(a)). File in probate court where the adult is domiciled or found, or where jurisdiction is otherwise proper under § 29-11-12; removal solely to create venue can trigger § 29-11-16. |
Jurisdiction and party details; functional facts showing need; foreseeable limits; proposed appointee, nominations, consent, facility relationship, and conflicts; spouse/children or substitute relatives/friends; existing personal directives/agents or property powers/trusts; requested additional powers; interstate and prior-denial facts. Conservatorship adds known assets, income, funds, liabilities, and expenses. Two sworn petitioners or a qualified-provider affidavit based on an examination within 15 days is required (§§ 29-4-10, 29-5-10). |
Clear and convincing evidence; petitioner bears the burden (§§ 29-4-12(d), 29-5-12(d)). Guardianship requires insufficient capacity for significant responsible health/safety decisions; conservatorship requires insufficient capacity for significant responsible property decisions (§§ 29-4-1(a), 29-5-1(a)). A developmental-disability finding alone creates no presumption and must be tied to the functional test. |
Mandatory appointment limit. Each order may extend only to actual and adaptive limitations after the court determines less restrictive alternatives are unavailable or inappropriate (§§ 29-4-1(f), 29-5-1(f)). The petition must identify existing directives, agents, trusts, and foreseeable limits; every ward has a right to the least restrictive form considering functional limitations, needs, and preferences (§§ 29-4-20, 29-5-20). |
After probable cause, an officer personally serves the adult immediately; mail is not allowed. The evaluation cannot occur before day 5 after service. The court mails petition notice to named adult relatives and nominees. After the report and a second probable-cause review, hearing notice is mailed and the hearing must be at least 10 days later (§§ 29-4-11 to -12, 29-5-11 to -12). |
Notice explains the right to independent counsel; the court appoints counsel within 2 days of service unless the adult says counsel has been retained (§§ 29-4-11(c), 29-5-11(c)). Counsel may attend the evaluation; the adult or counsel may waive attendance, request a closed hearing for good cause, respond to and independently evaluate the report, and challenge its weight, conclusions, and evaluator qualifications at the recorded civil-evidence hearing. |
After probable cause, the court appoints an evaluator different from any affidavit signer: physician, psychologist, physician assistant, psychiatric/mental-health nurse practitioner or clinical nurse specialist, professional counselor, or clinical social worker. Evaluation starts no sooner than day 5 after service; report is due within 7 days and must cover methods, sources, mental/physical and social condition, and foreseeable needs. Counsel may respond by the hearing (§§ 29-4-11(d), 29-5-11(d); 2025 Ga. Act 114). |
The order must state supporting facts and law, retained powers, limitations, specifically granted additional powers, and reasons for other provisions (§§ 29-4-13, 29-5-13). Authority must track actual limitations and the least-restrictive requirement. Emergency guardianship/conservatorship is separate under §§ 29-4-14 to -16 and 29-5-14 to -16; emergency powers cannot exceed what is absolutely necessary for the immediate threatened risk. |
| Hawaii verified 2026-07-19 | Uniform Guardianship and Protective Proceedings Act, HRS art. 560:5. Guardian handles personal affairs; conservator manages estate/property. Adult guardianship jurisdiction is concurrent in circuit and family court; conservatorship is exclusively circuit court, and related proceedings may be consolidated (§§ 560:5-102, 560:5-106). |
Adult or anyone interested in welfare may seek guardianship (§ 560:5-304(a)). Adult, person interested in estate/affairs/welfare, or one adversely affected by ineffective management may seek conservatorship/protective order (§ 560:5-403(a)). Guardianship venue is residence or court-ordered institutional circuit; conservatorship is residence or, for a nonresident, property location (§ 560:5-108). |
Guardianship: petitioner/adult, proposed residence, spouse/partner or housemate, relatives, caregiver, legal representatives and health agents/surrogate, nominees, proposed guardian, functional need, unlimited-vs-limited reason/powers, property/income (§ 560:5-304). Conservatorship parallels this and adds impairment/missing facts, best-interest reason, itemized budget, proposed conservator and property/power limits (§ 560:5-403). |
Guardian: clear and convincing incapacity—unable to receive/evaluate information or make/communicate decisions enough to meet essential health, safety or self-care even with available technology—and inability to meet identified needs by less restrictive means (§§ 560:5-102, 560:5-311). Conservator: clear and convincing inability to manage property, plus preponderance proof of likely waste/dissipation or necessary support funds (§ 560:5-401(2)). |
Mandatory for guardianship: appointment only if identified needs cannot be met by less restrictive means; kokua kanawai assesses tasks manageable alone, with supports, or not at all (§§ 560:5-305, 560:5-311). Conservatorship order must be least restrictive, and a transaction/protective arrangement may replace appointment (§§ 560:5-409, 560:5-412). |
Petition and rights notice are personally served on the adult; substantial noncompliance bars appointment (§§ 560:5-309, 560:5-404). Those adult-service sections set no numeric lead time. Listed people receive hearing notice, ordinarily by mail or personal delivery at least 14 days before hearing under § 560:1-401, subject to good-cause changes. |
Counsel is appointed on the adult's request, kokua kanawai recommendation, or court finding of need—not automatically (§§ 560:5-305(b), 560:5-406(b)). Adult ordinarily attends, may present/subpoena/examine evidence and participate; hearing may be convenient and closed for good cause (§§ 560:5-308, 560:5-408). Jury exists only for a constitutional right; otherwise any court-called jury is advisory (§ 560:1-306). |
Court may appoint a trained kokua kanawai to interview the adult, petitioner and proposed appointee, visit residences, obtain treatment information, assess functioning with supports and report on alternatives and scope (§§ 560:5-305, 560:5-406). Professional evaluation is discretionary but mandatory on the adult's demand in guardianship (§ 560:5-306); conservatorship examiner appointment is discretionary (§ 560:5-406(f)). |
Guardian receives only powers necessitated by demonstrated needs when feasible; conservatorship order must be least restrictive and may limit powers (§§ 560:5-311, 560:5-409–410). Emergency guardian under § 560:5-312 requires substantial-harm risk and no available authorized person, lasts at most 90 days, and after no-notice appointment triggers notice within 48 hours and hearing within 10 days. |
| Idaho verified 2026-07-18 | Current Idaho Probate Code ch. 5: guardian for personal affairs; conservator/protective order for property, with consolidation allowed (§§ 15-5-101, 15-5-102). District court is the statutory court (§ 15-1-201(8)). On Jan. 1, 2027, S 1240 replaces ch. 5 with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. |
Current: the adult or anyone interested in welfare may seek guardianship (§ 15-5-303(a)); the adult, a person interested in estate/affairs/welfare, or one adversely affected by ineffective management may seek conservatorship or another protective order (§ 15-5-404(a)). Guardianship venue is residence/presence; conservatorship is residence or, for a nonresident, property location (§§ 15-5-302, 15-5-403). |
Current guardianship petition includes a reasonably detailed post-appointment plan (§ 15-5-303(a)); current conservatorship petition lists petitioner/adult, guardian and nearest relative, property/value and benefits, necessity, proposed appointee/priority, plus a financial plan (§ 15-5-404). Effective Jan. 1, 2027, §§ 15-5-302 and 15-5-402 add detailed relatives, agents, fiduciaries, supporters, alternatives, full/limited relief, property and communication-support allegations. |
Current incapacity is legal and functional, tied to substantial harm and material evidence within 12 months; informed choices, isolated negligence/improvidence and lack of resources are insufficient (§ 15-5-101(a)). Current appointment §§ 15-5-304(b) and 15-5-401(b) state required findings but no express burden. Effective Jan. 1, 2027, §§ 15-5-301 and 15-5-401 require clear and convincing evidence. |
Current guardianship must least interfere with legal capacity, and orders extend only to actual limitations; property needs may be met by a transaction or arrangement without a conservator (§§ 15-5-303, 15-5-304, 15-5-409). Effective Jan. 1, 2027, both tracks expressly bar appointment when a protective arrangement or other less restrictive alternative can meet the need (§§ 15-5-301, 15-5-401). |
Current adult service is personal with no numeric lead time in § 15-5-309; spouse or next listed relatives, fiduciary/caregiver and requesters receive notice, generally at least 14 days by mail or delivery under § 15-1-401. Conservatorship uses the same rule (§ 15-5-405). Effective Jan. 1, 2027, §§ 15-5-303 and 15-5-403 require personal service of petition and rights notice but state no numeric lead time. |
Current guardianship counsel is automatic unless chosen; the adult may attend in person, present/subpoena/examine evidence and request closure (§ 15-5-303(b), (c)). Current conservatorship counsel is discretionary, and § 15-5-407 has no parallel express participation list. Effective Jan. 1, 2027, guardianship counsel remains mandatory and client-directed; conservatorship counsel remains discretionary, while both tracks require attendance absent clear-and-convincing exceptions and allow remote participation/supports (§§ 15-5-305–307, 15-5-406, 15-5-408). |
Current guardianship requires a court-appointed physician/qualified examiner and visitor; the visitor interviews key people, visits residences and reports (§ 15-5-303(b)). Current conservatorship makes counsel, physician and visitor discretionary (§ 15-5-407(b)). Effective Jan. 1, 2027, both tracks mandate a visitor for adults without developmental disability or a DD evaluation committee for adults with one; a separate professional evaluation may be ordered (§§ 15-5-304–306, 15-5-405, 15-5-407). |
Current orders must promote maximum independence and extend only to actual limitations; the court may limit guardian powers or use a property arrangement instead of a conservator (§§ 15-5-304, 15-5-408–409). Effective Jan. 1, 2027, full orders are barred when limited or protective relief works (§§ 15-5-301, 15-5-310, 15-5-401). Temporary relief remains separate under current §§ 15-5-310 and 15-5-407A. |
| Illinois verified 2026-07-18 | One Probate Act Article XIa case may adjudicate disability and appoint a guardian of the person, estate, or both, limited or plenary (§§ 11a-3, 11a-8, 11a-12). Illinois uses 'guardian' for both personal and property authority. |
A reputable person, the adult, or the court on its own motion may initiate the case (§ 11a-3). File for an Illinois resident in the county of residence; for a nonresident, in a county where the adult's real or personal estate is located (§ 11a-7). |
State petitioner's relationship/interest; adult's name, birth date, residence, and reasons; existing guardian and power-of-attorney agents; nearest relatives; residence/provider; approximate real and personal estate, annual income/receipts; and proposed guardian's address, age, relationship, and occupation (§ 11a-8). No current alternatives checklist is required. |
Clear and convincing evidence of statutory disability and, separately, appointment need (§ 11a-3): personal guardian only if disability leaves insufficient understanding/capacity for responsible personal-care decisions; estate guardian only if disability leaves the adult unable to manage estate or finances. Diagnosis alone and communication style do not defeat the presumption of capacity (755 ILCS 9/15). |
Article XIa does not currently require the petition to list alternatives. But guardianship must be used only as necessary and only to the extent of actual limitations (§ 11a-3(b)); some remaining capacity plus need requires a limited guardian, and plenary authority requires total incapacity and proof limited guardianship is insufficient (§ 11a-12). |
Court sets hearing within 30 days. Unless the adult is petitioner, petition and large-type rights summons must be personally served at least 14 days before hearing; petitioner gives 14-day mail/personal notice to named persons and proposed guardian (§ 11a-10). |
Counsel is discretionary when best serving the adult, but mandatory on the adult's request or when the adult opposes the guardian ad litem (§ 11a-10(b)). Adult may demand a six-person jury, present evidence, confront/cross-examine witnesses, and close the hearing; attendance is required unless excused for refusal or likely harm (§ 11a-11). |
Petition should include a functional/clinical report based on recent evaluations and signed by qualified evaluators, ordinarily including a physician; if absent, court orders evaluation and a report at least 10 days before hearing (§ 11a-9). Guardian ad litem usually observes and interviews the adult and reports; independent experts must be appointed on adult/GAL motion or court motion. |
Written order must state factual basis, powers, and legal disabilities. Some capacity requires limited guardianship; plenary requires total incapacity and finding limited guardianship insufficient (§ 11a-12). Temporary guardianship is separate: immediate-welfare necessity, enumerated powers, 60-day base term, with a pre-adjudication extension capped at 120 days (§ 11a-4). |
| Indiana verified 2026-07-18 | Indiana Code article 29-3 uses one guardianship proceeding for the adult's person, property, or both; 'guardian' and 'conservator' are interchangeable (§ 29-3-1-6). A separate protective order may address property or a transaction without appointing a guardian (§ 29-3-4-1). |
Any person may file (§ 29-3-5-1). For an Indiana resident, venue ordinarily lies in the county of residence; adult jurisdiction follows the interstate-jurisdiction article, with the same county rule once Indiana has jurisdiction (§ 29-3-2-2). |
Name, age, residence/address; nature of incapacity; property and benefits; requested limited powers; existing guardians/protective orders; proposed guardian and relationship; closest relatives; caregiver/custodian; the proposed guardian's other wards; reasons and petitioner interest; detailed efforts to use less restrictive alternatives and why they are insufficient; and the guardian's attorney (§ 29-3-5-1). |
The court must find that the adult is incapacitated and appointment is necessary to provide care and supervision of the person or property (§ 29-3-5-3). Incapacity means inability to manage property, provide self-care, or both because of a listed condition or other incapacity (§ 29-3-1-7.5). The current appointment section states required findings but does not name a burden of proof. |
The petition must describe alternatives considered or implemented, explain any not considered, and explain insufficiency (§ 29-3-5-1). Statutory examples include supported decision-making, technology, representative payee, health-care representative, and power of attorney (§ 29-3-1-7.8). This is an express pleading duty; § 29-3-5-3 separately asks necessity and authorizes limited or protective relief. |
The adult, spouse, adult children (or parents if none), serving guardian/caregiver, known durable-power-of-attorney agent, closest relative when needed, and court-directed persons receive the petition and hearing notice by e-filing or first-class mail (§§ 29-3-6-1 to -2). Chapter 6 states no fixed minimum lead time; the court sets the hearing after filing (§ 29-3-5-1). |
The court may appoint counsel if the adult is unrepresented and must appoint a guardian ad litem when it finds the adult unrepresented or inadequately represented (§§ 29-3-5-1, 29-3-2-3). The adult ordinarily must attend, may present and cross-examine evidence, and may demand a jury no later than 72 hours before the original hearing and never more than 30 days after service (§ 29-3-5-1). |
No physician certificate, clinical report, visitor, or investigator is universally required by Chapter 5. A separate verified confidential-health-disclosure petition may obtain records or a provider capacity report when authorization is unavailable, and may be combined with the guardianship petition (§ 29-3-4-1.5). The guardian ad litem protects interests but is not a clinical examiner. |
If welfare is best served by limits, the court must order a scope that promotes self-improvement, self-reliance, independence, and as normal a life as circumstances permit; it may use a protective order instead (§§ 29-3-5-3, 29-3-4-1). Temporary guardianship is separate, requires emergency/immediate welfare need and no other authorized actor, lasts up to 90 days plus one noticed extension, and transfers only powers necessary to prevent immediate substantial injury or loss (§ 29-3-3-4). |
| Iowa verified 2026-07-18 | Iowa Code ch. 633 separates personal guardianship from property conservatorship, but petitions may be combined and handled as one proceeding with separate role requirements (§§ 633.3, 633.27A, 633.627). |
The adult or any person interested in the adult's welfare may file a verified petition. Iowa district court sitting in probate has county jurisdiction for resident guardianships/conservatorships and for a nonresident conservatorship where property is located (§§ 633.12, 633.556). |
State factual basis; why no less restrictive alternative exists; adult/petitioner/proposed appointee details; spouse, adult children, parents, 6-month caregiver/residence, fiduciary/payee, and POA agents; plus realty, personalty, and income estimates for conservatorship (§ 633.556). |
Petitioner must prove by clear and convincing evidence impaired capacity to meet safety/necessities needs (guardian) or make, communicate, or carry out important financial decisions (conservator), plus best interest (§§ 633.551-.553). |
Petition must explain why none works; court must consider credible evidence of alternatives, including third-party help, and consider a limited order, but neither party bears a production burden on alternatives (§§ 633.551, 633.556). |
Serve adult as original notice; serve other listed persons as court prescribes and advise them how to register for hearing notice. Hearing notice ordinarily sets a date at least 20 days after service (§§ 633.558, 633.560). |
Non-petitioning adult gets appointed counsel automatically and may substitute retained counsel; self-petitioning adult gets counsel if court finds entitlement. Adult may attend with reasonable accommodations; waiver requires good cause and a recorded reason (§§ 633.560-.561). |
Court ordinarily orders a qualified professional evaluation unless it already has enough information or a party filed one; report addresses cognitive/functional abilities, condition, prognosis/supports, qualifications/conflict, and exam date. Court visitor is discretionary (§§ 633.562-.563). |
Court must consider a limited appointment and make factual findings supporting conferred powers. Guardian order states basis and powers and may preserve all unassigned areas; conservatorship order may preserve limited control of funds. Emergency appointment is separate, limited, and generally 30 days (§§ 633.551, 633.635, 633.637, 633.569). |
| Kansas verified 2026-07-18 | Kansas Uniform Guardianship, Conservatorship and Other Protective Arrangements Act, K.S.A. §§ 59-30,101–59-30,212. Guardianship covers personal affairs; conservatorship covers property and finances. Separate petitions may be consolidated (§ 59-30,107(b)). |
The adult or anyone interested in the adult's welfare may seek guardianship (§ 59-30,142); the adult, guardian, or anyone interested in the estate, finances, or welfare—including a person harmed by ineffective management—may seek conservatorship (§ 59-30,161). Ordinarily file in the adult's county of residence; ordered institutional placement and nonresident-property rules apply (§ 59-30,106). |
Verified filing with the parties, family and household contacts, caregivers, counsel, fiduciaries, agents and routine decision supporters; proposed appointee and conflicts; functional need; alternatives considered or implemented and why insufficient; full-versus-limited relief and requested powers; property/income; and communication supports (§§ 59-30,142, 59-30,161). |
Clear and convincing evidence. Guardianship requires inability to meet essential health, safety, or self-care needs because the adult cannot receive/evaluate information or make/communicate decisions even with supports, plus no sufficient alternative (§ 59-30,141). Conservatorship adds inability to manage property, necessity to avoid harm/dissipation or provide funds, and no sufficient alternative (§ 59-30,160). |
Mandatory at filing and appointment. The petition must address protective arrangements and other alternatives; the court may not appoint, or grant full authority, when a protective arrangement, limited order, supported decision-making, technology, services, representative payee, or agent can meet the need (§§ 59-30,102(o), 59-30,141, 59-30,160). |
The petition and hearing notice must be personally served on the adult and explain the nature, consequences, counsel right, and attendance right; listed family, caregivers, fiduciaries, agents, and other court-designated interested persons also receive notice (§§ 59-30,143, 59-30,162). Those sections set no numeric minimum lead time. |
Counsel is automatic for a guardianship respondent and for an unrepresented conservatorship respondent (§§ 59-30,145, 59-30,165). The adult ordinarily must attend, may use supports, present and cross-examine evidence, subpoena witnesses/documents, request closure for good cause, and demand a jury on whether an appointment basis exists (§§ 59-30,107, 59-30,147, 59-30,167). |
A prima facie case triggers a court-ordered independent examination by a qualified, conflict-free professional; the report addresses condition, cognitive and functional abilities, prognosis, prior assessments, need for appointment, and attendance barriers and is filed at least 5 days before trial (§§ 59-30,146, 59-30,166). A court liaison is optional and, if appointed, reports at least 10 days before the hearing (§§ 59-30,144, 59-30,164). |
Only powers necessitated by demonstrated needs may be granted; a full order needs findings why limited authority will not work, a limited order identifies powers/property, and the order sets a 90-day review (§§ 59-30,150, 59-30,170). Since July 1, 2026, a proposed guardian for an adult with specified cognitive or neurological conditions must complete approved training and file an affidavit unless waived (2026 HB 2536). Emergency guardianship and emergency property-preservation relief are separate (§§ 59-30,152, 59-30,163). |
| Kentucky verified 2026-07-18 | KRS 387.500-.770: guardian manages personal affairs; conservator manages financial resources; each may be limited or full, and one petition may request either or both. Partial protection is the preferred form when sufficient (§§ 387.500, .510, .530). |
Any interested person/entity or the adult may petition (§ 387.530); 'interested' includes an adult relative or friend, welfare-focused agency representative, or another person the court finds suitable (§ 387.510(12)). District Court has exclusive jurisdiction; file in the county of residence or domicile (§ 387.520). |
Adult's identity and birth date; nature/degree of alleged disability; facts supporting need; financial resources, benefits, insurance and income; next of kin; custodian/facility; petitioner and lawyer; POA attorney-in-fact and advance-directive surrogate. Attach the proposed appointee's verified qualifications/relationship application (§ 387.530). |
Commonwealth must prove partial disability or disability by clear and convincing evidence (§ 387.570). Functional personal or financial incapacity must be shown by acts/occurrences within 6 months before filing, not isolated negligence or improvidence; partial disability means some but not full incapacity (§ 387.510(8)-(9)). |
The evaluation report must determine whether alternatives are available (§ 387.540(4)(g)). Statutory policy limits relief to actual mental/adaptive needs and prefers partial guardianship/conservatorship, but the hearing statute does not prescribe a separate named alternatives finding (§ 387.500). |
If the evaluation report accompanies filing, hearing within 30 days; otherwise within 60 days, subject to cause-based extension. Clerk gives at least 14 days' hearing notice to both lawyers, everyone named in the petition, and the proposed appointee (§ 387.550). |
Unless an appearance is entered, court appoints counsel within 1 week (§ 387.560). Adult may attend, present evidence, confront/cross-examine, and request closure; absence only by nonappearance or serious-harm finding. Jury trial is the default; bench trial requires adult/counsel/Commonwealth agreement, no interested-person objection, unanimous report, and court approval (§ 387.570). |
Mandatory prehearing interdisciplinary report by at least 3 people: physician/APRN/PA, psychologist, and qualified social worker or trained Cabinet investigator. Report covers function, scope, alternatives, services, living/treatment plan, medication, and attendance risk; delivered to counsel at least 10 days before hearing. Adult may respond 5 days before and obtain an independent evaluation (§ 387.540). |
Court separately determines personal and financial disability, type, exact legal disabilities/powers, appointee, and duration (§§ 387.580-.590). Partial ward retains every right not expressly removed; limited terms max 5 years. Emergency limited authority is separate for imminent serious health/safety/property danger, with hearing within 1 week and at least 48 hours' notice (§ 387.740). |
| Louisiana verified 2026-07-18 | Civil Code arts. 389-393 and Code of Civil Procedure arts. 4541-4569 use one interdiction proceeding and call the appointee a curator. Full interdiction addresses person and property; limited interdiction may address either domain or only an aspect of one. |
Any person may petition to interdict an adult or emancipated minor (C.C.P. art. 4541). File in the parish of the adult's domicile; if none in Louisiana, residence; if no Louisiana residence, physical presence (art. 4542). |
Verified and particularized: petitioner/defendant identity and addresses, relationship, proposed residence, alleged infirmities and necessity, why full rather than limited relief or the exact capacities/powers sought, spouse/nearest-family and representatives, prior curator designation, proposed curator and qualifications, and detailed less-restrictive efforts (art. 4541). |
Clear and convincing evidence (C.C.P. art. 4548). Full: infirmity prevents consistent reasoned decisions or communication about both person and property; limited: the same functional inability as to person, property, or an aspect of either. Both require that less restrictive means cannot protect the adult's interests (C.C. arts. 389-390). |
Substantive prerequisite and petition duty. The interests must be unprotectable by less restrictive means; the petition must state what means were considered or implemented, why any were not tried, and why they are insufficient (C.C. arts. 389-390; C.C.P. art. 4541(A)(11)). |
Citation and petition must be personally served on the adult. Within 3 days after filing, certified-mail the petition to every other person named; mail the hearing order to them at least 10 days before hearing. The adult receives personal service of the hearing notice and reasonable notice under the summary-proceeding rules (arts. 4543, 4546, 2595). |
If the adult makes no timely appearance through counsel, the court must appoint an attorney; retained counsel or an intelligent, voluntary waiver ends the appointment. The adult has rights to attend, testify, present evidence, cross-examine, and participate; the interdiction is a summary proceeding tried without a jury (arts. 4544, 4547, 2595). |
No universal clinical certificate or visitor. After filing, the court may appoint an examiner trained or experienced in the alleged infirmity; any report ordered is due to the court and parties at least 7 days before hearing and may address infirmity, alternatives, and the proper type of interdiction (art. 4545). |
The judgment appoints a curator and usually an undercurator; a limited judgment may confer only powers needed to protect the identified interests and must state that all other natural-person capacity is retained (art. 4551). Temporary/preliminary interdiction is a separate imminent-harm track under C.C. art. 391 and C.C.P. art. 4549. |
| Maine verified 2026-07-19 | 18-C M.R.S. art. 5. Separate adult guardianship for health/safety/self-care and conservatorship for property/financial affairs; court may use a protective arrangement instead of either and may treat a guardianship petition as conservatorship with findings and added notice (§§ 5-301, 5-401). |
Adult or anyone interested in adult's welfare may seek guardianship (§ 5-302). Adult, guardian, or person interested in estate/finances/welfare—including one harmed by ineffective management—may seek conservatorship (§ 5-402). Venue is residence; guardian track also court-ordered institution county, conservator track also property county for nonresident (§ 5-106). |
Both identify adult, family/household, caregiver, lawyer, payee, fiduciaries, trustees, VA fiduciary, health/financial agents, routine decision helper, proposed appointee, property/income, communication supports, need, alternatives considered/used and why insufficient, full-vs-limited reason and requested powers/property. Guardianship adds residence/contact-limit facts; conservatorship adds financial functioning and missing/detained facts (§§ 5-302, 5-402). |
Clear and convincing. Guardian: inability to meet essential health, safety or self-care because decision ability remains insufficient even with supports; alternatives cannot meet needs; appointment necessary/desirable (§ 5-301). Conservator: inability to manage finances even with supports (or missing/detained), appointment needed to avoid harm/dissipation or fund support, and alternatives cannot meet needs (§ 5-401). |
Petition must describe protective arrangements and alternatives considered or implemented, explain any omission and insufficiency. Court may not order full authority if limited authority, protective arrangement, supported decision-making, technology, supportive services, or another less restrictive option adequately protects the adult (§§ 5-301–302, 5-401–402). |
Guardian petition/rights notice personally served; substantial noncompliance bars appointment, but § 5-303 sets no numeric lead time. Conservator petition/rights notice personally served at least 14 days before hearing, with substituted service/publication if needed; listed recipients also get 14 days (§ 5-403). Visitor and professional-evaluation reports are due at least 10 days before hearing. |
Counsel appointed on adult's request, visitor recommendation, court finding of need, or known contest/limit request—not automatic (§§ 5-305, 5-406). Adult ordinarily must attend; absence needs clear-and-convincing refusal/impossibility findings. Court must facilitate location/remote/support access; adult may present/subpoena/examine evidence, choose counsel, and seek closure for good cause (§§ 5-307, 5-408). |
Guardian: trained visitor always appointed; conservator: visitor appointed unless adult has counsel. Visitor interviews and reports on contest, function with supports, alternatives, scope and attendance at least 10 days before hearing (§§ 5-304, 5-405). Both tracks require examination and 10-day report by qualified clinician; adult may decline, after which petitioner may seek Rule 35 exam (§§ 5-306, 5-407). |
Only demonstrated powers; full order requires specific finding limited authority will not meet functional needs. Guardian order preserves vote, marriage and unrestricted counsel rights absent statutory findings; conservator order identifies controlled property and powers (§§ 5-301, 5-310, 5-401, 5-411). Emergency guardian: 60 days, one extension up to 120, specified powers; no-notice order requires 48-hour notice and objection hearing within 14 days (§ 5-312). |
| Maryland verified 2026-07-18 | Estates & Trusts Title 13 uses guardian of the person and guardian of the property as distinct tracks; mandatory Form CC-GN-002 may request person, property, or both (Md. Rules 10-112, 10-201, 10-301) |
An interested person may file. Person: resident's county of residence or qualifying hospital; nonresident where physically present (Rule 10-201). Property: resident's county of residence; nonresident person-venue or county where property is located (Rule 10-301). |
Verified Form CC-GN-002: adult/petitioner/proposed guardian; interested persons and 5-year residences; functional facts; failed alternatives; person/property relief; assets and petitioner's interest; other cases/fiduciaries; nomination, POA, supported-decision-making agreement, and competency certificates |
Person: clear and convincing evidence of inability to make or communicate responsible personal decisions plus no available less restrictive intervention (§ 13-705(b)). Property: inability to manage property/affairs plus property or benefits needing management; § 13-201(c) names no burden. |
Person: appointment barred if a welfare-and-safety-consistent less restrictive intervention is available (§ 13-705(b)). Property: form requires failed alternatives; court may authorize a transaction without a guardian and considers whether continuing protection is needed (§ 13-204). |
Adult receives the show-cause order by Rule 2-121(a) service plus Advice of Rights; interested persons respond under the order. No universal fixed lead time appears in current Rule 10-203. Certifier appearance generally must be requested 10 days before trial; medical-treatment petitions are expedited. |
Chosen counsel or prompt court appointment for person, property, or both (Rule 10-106). Person track: entitled to attend absent knowing waiver/incapacity, present and cross-examine evidence, and a jury unless waived; hearing is confidential/sealed absent good cause (§ 13-705(e); Rule 10-205). |
Ordinarily two verified competency certificates: two physicians or physician plus psychologist, LCSW-C, or nurse practitioner; one exam/evaluation within 21 days (Rule 10-202; § 13-705(c)). Court may appoint a qualified independent investigator, but it is not automatic (Rule 10-106.2). |
Person powers only to demonstrated need; limited health-care purpose or up to 1 year when disability likely to cease; civil rights remain unless ordered otherwise (§§ 13-706, 13-708). Separate emergency routes: interim property protection (§ 13-203) and emergency protective services/temporary person guardian (§ 13-709). |
| Massachusetts verified 2026-07-20 | Massachusetts Uniform Probate Code, G.L. c. 190B, Art. V. Two distinct tracks: a guardian of an 'incapacitated person' handles personal care, health, and welfare (Part 3, §§ 5-301 to 5-312); a conservator or other protective order handles property and business affairs (Part 4, §§ 5-401 to 5-431). Both are filed in the Probate and Family Court and may be sought together but are separate legal determinations; 'ward' is reserved for minors (§ 5-101(6),(25)). |
Guardianship: the incapacitated person or any person interested in their welfare (§ 5-303(a)). Conservatorship: the person to be protected or anyone interested in their estate, affairs, or welfare — including a parent, guardian, custodian, or anyone adversely affected by unmanaged property (§ 5-404(a)). File in the Probate and Family Court (§ 5-101(3)); the code's guardianship/conservatorship venue sections are reserved, so § 1-303 gives the first-commenced division the exclusive right to proceed and governs transfer. |
Guardianship (§ 5-303(b)): petitioner's identity and interest; the adult's name, age, residence and proposed residence; nature of the alleged incapacity and whether intellectual disability, substituted-judgment treatment authority, or nursing-facility admission is sought; proposed guardian and priority basis; spouse, children/parents/siblings/heirs; care or custody person; any existing power of attorney or health care proxy; why guardianship (and why not a limited one) is needed; a property statement with value; and a statement that a medical certificate (or clinical team report) is filed or an affidavit of why it cannot be. Conservatorship (§ 5-404(b),(c)): the same core facts plus best-interest reason, proposed conservator, and a § 5-303(c)-conforming certificate. |
Guardianship: the adult must be an 'incapacitated person' — for reasons other than advanced age or minority, a clinically diagnosed condition causing inability to receive and evaluate information or make or communicate decisions to the extent the person cannot meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance (§ 5-101(9)); the court must also find appointment necessary or desirable and that needs cannot be met by less restrictive means (§ 5-306(b)). Conservatorship: inability to manage property effectively from a clinically diagnosed impairment (or detention/inability to return to the U.S.) plus property that will be wasted or funds needed (§ 5-401(c)). The statute lists required findings but sets no quantified burden in the appointment sections; a conservatorship is expressly not a determination of incapacity (§ 5-407(f)). |
Mandatory limit, not just a consideration. The court may appoint a guardian or conservator only if it finds the person's needs 'cannot be met by less restrictive means, including use of appropriate technological assistance' (§§ 5-306(b)(8), 5-407(b)(8)), and must make orders 'only to the extent necessitated' by the person's limitations while encouraging maximum self-reliance (§§ 5-306(a), 5-407(a)). The guardianship petition must say why a limited guardianship is inappropriate (§ 5-303(b)(10)) and disclose any existing power of attorney or health care proxy (§ 5-303(b)(9)). The statute frames alternatives as limited orders, technological supports, and existing agents rather than naming supported decision-making. |
The petitioner must give notice to the respondent (if 14 or older) and the spouse and children, or else parents and siblings, or else heirs; any serving guardian/conservator or care-or-custody person; the nearest adult relative if no one else is notified; everyone named in the petition; the Department of Developmental Services if intellectual disability is alleged; and the U.S. Veterans Administration if benefits are involved (§ 5-304(a)). Notice must be served personally on the respondent, and the respondent may not waive notice (§ 5-304(c),(d)). The code fixes personal service and other recipients but sets the manner through § 1-401 and court order rather than one general day-count; the emergency track requires 7 days' notice (§ 5-308(c)). |
On request by the adult or someone on their behalf, or whenever the court finds the adult's interests are or may be inadequately represented, the court shall appoint an attorney, giving weight to the adult's choice if 14 or older; indigent counsel is paid by the commonwealth or petitioner, and the right to retain chosen counsel is preserved (§ 5-106(a)). The adult is entitled to be present in person at any hearing, to be represented by counsel, to present evidence, and to cross-examine witnesses including any physician or guardian ad litem, and may request a closed hearing (§ 5-106(c)). No statutory jury trial is provided for these petitions. |
Medical-certificate model, not a universal court investigator. A guardianship petition must be accompanied by (or the court must already hold) a medical certificate based on an examination within 30 days of filing, signed by a registered physician, certified psychiatric nurse clinical specialist, nurse practitioner, or licensed psychologist and describing the nature, type, and extent of the person's cognitive and functional limitations, mental and physical condition, prognosis, and exam date (§§ 5-303(b)(11), 5-303(c)); intellectual disability instead requires a physician/psychologist/social-worker clinical team report within 180 days (§ 5-303(d)). The court may waive or postpone the certificate only on a supported affidavit that it cannot be obtained, may order further examination and appoint experts (§ 5-303(e)), and may name a guardian ad litem to investigate (§ 5-106(b)). Conservatorship requires a § 5-303(c)-conforming certificate within 30 days (§ 5-404(b)(11)). |
Before appointing, the court must find a qualified person, proper venue, notice given, a current medical certificate (exam within 30 days of the hearing), status as an incapacitated or disabled person, that appointment is necessary or desirable, and that needs cannot be met by less restrictive means (§§ 5-306(b), 5-407(b)); it may limit powers to create a limited guardianship endorsed on the letters (§ 5-306(c)). A guardian cannot consent to substituted-judgment treatment such as antipsychotic medication without a specific court order after a counseled hearing (§ 5-306A) or admit the adult to a nursing facility without a specific best-interest finding (§ 5-309(g)). Emergency relief is a separate track: a temporary guardian for up to 90 days on a finding of likely immediate and substantial harm (§ 5-308), which is not a final determination of incapacity. |
| Michigan verified 2026-07-30 | Separate EPIC tracks: guardian for personal care/supervision; conservator or other protective order for property and business affairs. Separate petitions may be filed together (MCL §§ 700.5303, 700.5401, 700.5404). |
Adult or anyone interested in welfare may seek guardianship; adult, person interested in estate/affairs/welfare, or person harmed by ineffective management may seek conservatorship. File guardianship where adult resides/is present; conservatorship where resident lives or nonresident property is located (MCL §§ 700.5302-.5303, 700.5403-.5404). |
Guardian form requires condition, recent conduct, existing agents/fiduciaries, family, proposed full/limited powers, and nominee; conservator form adds property, income/benefits, management-risk facts, requested assets/order, and nominee priority (MCL §§ 700.5303, 700.5404; Forms PC 625, PC 639). |
Clear and convincing evidence. Guardian: functional incapacity plus necessity for continuing care/supervision. Conservator: inability to manage property/affairs plus likely waste/dissipation or necessary support funds; competent adult may request protection for age/physical infirmity (MCL §§ 700.5306, 700.5401, 700.5406). |
Court gives alternatives information before a guardian petition; guardian ad litem evaluates limited guardianship, conservatorship/protective order, directives, powers of attorney, family support and other options. Conservator evaluator/visitor must consider alternatives and limiting scope/duration (MCL §§ 700.5303, 700.5305, 700.5406). |
Personally serve adult; delivery must be at least 7 days before hearing under current MCR 5.102. Give statutory notice to spouse, parents and adult children and other interested persons; same framework applies to a conservator petition. Court sets hearing after filing; no ordinary petition-to-hearing deadline (MCL §§ 700.5311, 700.5405; MCR 5.102). |
Guardian case: chosen counsel, public-expense counsel if unaffordable, guardian ad litem if unrepresented, attendance, evidence, cross-examination, jury and closed-hearing rights. Conservator case: chosen counsel or ordinarily appointed guardian ad litem, plus attendance, evidence, cross-examination, jury and closed-hearing rights (MCL §§ 700.5304-.5306a, 700.5406). |
Guardian ad litem ordinarily mandatory unless adult has counsel; court may order physician/mental-health examination, whose report is due at least 5 days before hearing, and adult may obtain independent evaluation. Conservator court may order examination and may send visitor; appointees must assess alternatives and limits (MCL §§ 700.5303-.5305, 700.5406). |
Guardian powers/time only as necessary; limited guardian if capacity is partial, full guardian only if totally unable to self-care. Residence-changing authority requires § 700.5306b's separate petition, GAL, hearing, and clear-and-convincing findings unless previously granted or an emergency applies. Conservator authority may be asset-limited; temporary relief uses separate provisions (MCL §§ 700.5306, 700.5306b, 700.5312, 700.5406-.5407). |
| Minnesota verified 2026-07-18 | Minn. Stat. ch. 524, art. 5: guardianship covers personal needs; conservatorship or another protective order covers estate and affairs. The same district court may consolidate both proceedings (§ 524.5-109). |
Guardian: the adult or a person interested in the adult's welfare (§ 524.5-303(a)). Conservator/protective order: the adult, someone interested in the adult's estate, affairs, or welfare, or someone adversely affected by ineffective management (§ 524.5-403(a)). File where the adult resides; a nonresident property proceeding may be filed where Minnesota property lies (§ 524.5-108(b)-(c)). |
Both petitions identify family, co-residents, institutional care, legal representatives and health-care agents, proposed appointee, assets/income, functional grounds, alternatives attempted and why insufficient, and requested limited or unlimited scope. They also require specified background disclosures about the proposed appointee (§§ 524.5-303, 524.5-403). |
Guardian: clear and convincing proof of functional incapacity and inadequate less restrictive alternatives (§§ 524.5-102, 524.5-310). Conservator: clear and convincing proof of impaired property management, preponderance proof of asset risk or support need, and specific findings that alternatives will not work (§§ 524.5-401, 524.5-409). |
Each petition must describe alternatives attempted and considered, duration, and insufficiency (§§ 524.5-303(b)(9), 524.5-403(b)(10)). The court must make respondent-specific findings; statutes name technology, supported decision-making, community services, health-care agents, representative payees, trusts, bill-pay help, and powers of attorney (§§ 524.5-310, 524.5-409). |
Personally serve the adult with petition and rights notice; listed people also receive hearing notice (§§ 524.5-308, 524.5-404). General mailed notice to interested persons is postmarked at least 14 days before hearing (§ 524.5-113). The court sets the hearing; no filing-to-hearing deadline appears in these sections. |
For the initial proceeding, counsel is appointed immediately after service unless the adult or others provide counsel or the adult makes an informed written waiver; voluntary petitions have an exception (§§ 524.5-304, 524.5-406). The adult attends and participates unless excused for good cause and may present evidence, subpoena and examine witnesses, and request a convenient closed hearing (§§ 524.5-307, 524.5-408). No jury provision appears in those appointment-hearing sections. |
The court may appoint a visitor, who if appointed interviews the adult, explains rights, investigates as directed, and reports on appropriateness, alternatives, scope, and the adult's views (§§ 524.5-304, 524.5-406). The appointment statutes require functional allegations but no universal physician certificate or clinical evaluation; contesting capacity does not by itself place health or mental condition in controversy (§§ 524.5-307(c), 524.5-408(c)). |
The order must grant only specifically justified powers, preserve all others, and maximize independence; guardianship for a person under 30 is generally limited to no more than 72 months (§ 524.5-310). Conservatorship requires the least authority supported by demonstrated needs (§ 524.5-409), and statutory rights remain unless restricted by order (§ 524.5-120). Emergency guardian and conservator orders are separate, power-limited routes generally capped at 60 days (§§ 524.5-311, 524.5-409 subd. 2). |
| Mississippi verified 2026-07-18 | Mississippi Guardianship and Conservatorship Act, Miss. Code §§ 93-20-101 et seq.: guardian means personal affairs; conservator means property/financial affairs (§ 93-20-102). The requests may be combined, and letters may be combined when one person serves in both roles (§§ 93-20-107 to -108). |
The chancellor, chancery clerk, adult, relative, friend, or other interested party may institute either sworn petition (§§ 93-20-302, -402); an interested estate/financial/welfare person also has conservator standing. Adult guardianship venue is the county of residence; conservatorship venue is residence or, for a nonresident, any county holding property (§ 93-20-106). |
A sworn petition alleges the adult needs guardianship or conservatorship, names the petitioner's attorney if any, and must display the statutory bold warning that relief may affect legal rights and that the adult has rights to notice, attendance, and counsel (§§ 93-20-302, -402). |
Guardian: functional inability to meet physical-health, safety, or self-care needs because the adult cannot receive/evaluate information or make/communicate decisions even with supports, or meets the specified mental-illness/intellectual-disability test (§ 93-20-301). Conservator: clear and convincing evidence of inability to manage property, necessity to avoid harm/dissipation or provide support, and no adequate alternative (§ 93-20-401). |
Mandatory for both roles. A guardian receives only powers necessitated by demonstrated needs, and the court must consider supports, technology, and alternatives (§ 93-20-301). A conservator requires clear and convincing proof no alternative works; full conservatorship is barred if limited authority or another alternative meets the need (§ 93-20-401). |
Unless a competent adult joins the petition, serve the adult personally with summons and petition ordinarily at least 7 days before the hearing; the court may shorten for good cause (§§ 93-20-303, -403). Also serve the existing counterpart fiduciary and at least one nonpetitioner Mississippi adult relative in statutory preference order; VA notice applies when benefits are involved. |
The petition warns of rights to attend and be represented. The adult may present evidence, subpoena witnesses/documents, examine witnesses, participate, and request a closed hearing for good cause (§§ 93-20-306, -408). A guardian ad litem is discretionary; an unrepresented conservatorship respondent may receive discretionary appointed counsel (§§ 93-20-304, -405 to -406). |
Proof ordinarily includes written certificates after personal examinations by 2 licensed physicians, or 1 physician plus 1 licensed psychologist, nurse practitioner, or physician assistant; audiovisual telemedicine is permitted under stated conditions (§§ 93-20-305, -407). Since July 1, 2025, specified state-hospital professionals must conduct and sign conservatorship certificates for qualifying repeatedly committed patients (2025 HB 1442). |
Orders must find alternatives inadequate; full orders need specific findings why limited authority fails, while limited orders list powers and, for conservatorship, controlled property (§§ 93-20-309, -411). Emergency guardians/conservators receive specified powers for up to 60 days, extendable once for 60 days; ex parte orders require notice within 48 hours and a hearing within 5 days (§§ 93-20-311, -413). |
| Missouri verified 2026-07-18 | Chapter 475 uses guardianship for personal care and conservatorship for financial resources; limited versions exist, and person/estate requests may be combined without repeating allegations (§§ 475.010, 475.061). |
Any person may petition for a guardian, conservator, or limited version (§§ 475.060-.061). File in the probate division where the adult is domiciled, or if no Missouri domicile, where the adult has a statutory significant connection; guardianship venue controls if the two tracks differ (§ 475.035). |
A guardianship petition gives current/recent addresses; assets; relatives/co-residents; agents, trustees, caregiver, existing fiduciaries; proposed appointee's other wards; functional facts tied to serious personal harm; and specific incidents/behaviors. A standalone conservatorship petition cross-references the address, other-ward, and reasons/behavior items and adds inability to manage finances; the two may be combined (§§ 475.060-.061). |
Petitioner bears clear-and-convincing burden (§ 475.075). Personal incapacity requires inability, even with services and technology, to meet essential care needs such that serious injury, illness, or disease is likely; financial disability requires inability to manage resources (§ 475.010). Appointment also requires that identified needs cannot be met by a less restrictive alternative (§ 475.079). |
The court must consider whether needs can be met without appointment through a durable agent, trust, representative payee, supported decision-making or services, assistive technology, emergency ad litem, or limited order (§ 475.075). Full and limited appointments are barred when identified needs can be met less restrictively (§§ 475.079-.080). The petition checklist itself does not expressly require an alternatives narrative. |
The court promptly sets a hearing. The adult receives personal service a reasonable time beforehand of the petition, hearing details, appointed counsel, supporting witnesses, and statutory rights; spouse, parents, adult children, fiduciaries, proposed appointee, caregiver, co-tenants/co-depositors, or a closest adult relative receive notice (§ 475.075). No fixed ordinary-day minimum is stated. |
The court immediately appoints counsel, who ordinarily visits at least 24 hours before hearing; retained counsel may substitute only under the statutory withdrawal procedure (§ 475.075). The adult has rights to a jury, evidence, cross-examination, silence, open or closed hearing, presence, civil evidence rules, and appeal. |
No physician certificate is a universal filing. The court may order an examination by a physician, licensed psychologist, or trained professional, who explains purpose, silence, and use of statements; the written report goes to the court and all counsel and is subject to objection/admissibility review (§ 475.075). |
The order applies the least-restrictive principle, recites detailed personal, financial, placement, supervision, voting, driving, and marriage findings, and states limits in the letters (§ 475.075). A limited order specifies powers and disabilities and promotes maximum self-reliance (§ 475.080). Emergency ad litem authority is separate, for substantial risk of serious harm or irreparable property damage, with a hearing ordinarily within five business days and specified purposes for no more than 90 days at a time (§ 475.075). |
| Montana verified 2026-07-19 | Title 72, ch. 5. Guardian addresses personal health/safety; conservator or other protective order addresses estate/property. Court may convert a guardian petition to protective proceeding if financial management alone meets the need (§§ 72-5-316, 72-5-409). |
Adult or anyone interested in welfare, including county attorney, may seek guardianship (§ 72-5-315). Adult, person interested in estate/affairs/welfare, parent/guardian/custodian, or person harmed by ineffective management may seek conservator/protective order (§ 72-5-401). Guardian venue is residence/presence or committing-court county; conservator venue is residence or nonresident property location (§§ 72-5-311, 72-5-407). |
Guardian: petitioner/adult/contact, incapacity degree and supporting facts, property if affected, current fiduciaries, proposed guardian, close relatives/custodian, alternatives tried and why insufficient, full-vs-limited scope, requested powers/right limits and duration (§ 72-5-319). Conservator: petitioner interest, adult/guardian/nearest relative, property/value/income, need, proposed conservator/priority, and mental-health directive or affirmation none exists (§ 72-5-402). |
Guardian: court must be satisfied of incapacity, unmet less restrictive alternatives, and necessity to meet essential physical-health/safety needs (§ 72-5-316). Conservator: inability to manage property plus likely waste/dissipation or needed support funds (§ 72-5-409). Neither appointment section names an evidentiary burden. |
Guardian petition must identify implemented alternatives or explain none and why alternatives are insufficient; court must find identified needs cannot be met by a less restrictive alternative (§§ 72-5-319, 72-5-316). Conservator statute permits another protective order but § 72-5-409 does not make failure of alternatives an express prerequisite. |
Guardian notice personally served on adult, spouse and in-state parents; adult cannot waive unless attending or visitor confirms waiver (§ 72-5-314). General rule supplies at least 14 days by mail or personal delivery (§ 72-1-301). Conservator notice personally served on adult and spouse/parents at least 14 days before hearing; same restricted waiver (§ 72-5-403). |
Guardian counsel is chosen or discretionary in interest of justice; adult has rights to attend, hear all evidence, present evidence, cross-examine physician/visitor, and jury trial; adult/counsel may request closed nonjury hearing (§ 72-5-315). Conservator counsel is automatic through public defender unless adult chooses counsel; Part 4 does not repeat the guardian-specific jury and evidence-rights list (§ 72-5-408). |
Guardian: mandatory court-appointed physician examination/report and trained visitor interview, home visits and report (§§ 72-5-313, 72-5-315). Conservator: court may order a physician/professional examination based on alleged disability and may send a visitor; examiner preferably has no institutional connection (§ 72-5-408). |
Guardian receives no powers beyond petition; limited order specifies powers/duties and period, and all rights not specifically limited are retained (§§ 72-5-306, 72-5-316). Conservator court appoints or enters another appropriate protective order after finding § 72-5-409 basis. Temporary guardian is separate, immediate-action relief limited to necessary powers for no more than 6 months (§ 72-5-317). |
| Nebraska verified 2026-07-18 | Nebraska Probate Code art. 26. Guardianship protects the person; a conservatorship or other protective order addresses estate and property affairs. The county-court proceedings are distinct but may be consolidated (§§ 30-2209(5), 30-2601, 30-2602). |
The adult or anyone interested in the adult's welfare may seek guardianship (§ 30-2619(a)); the adult, a person interested in estate/property affairs or welfare, or someone adversely affected by ineffective management may seek conservatorship or another protective order (§ 30-2633(a)). Guardianship venue is residence/presence, or property for a nonresident; conservatorship is residence, or property for a nonresident (§§ 30-2618, 30-2632). |
Guardianship: verified petition with specific functional allegations for each requested decision area (§§ 30-2619(a), 30-2619.01). Conservatorship: petitioner interest; adult's identity/residence; guardian and nearest relative; property and estimated value, benefits and income; necessity facts; proposed conservator and priority basis (§ 30-2633(b)). A nominated individual ordinarily completes a fingerprint-based national history check (§ 30-2602.02). |
Guardianship requires clear and convincing incapacity plus necessity or desirability as the least restrictive available means of continuing care or supervision (§ 30-2620(a)). Conservatorship requires clear and convincing inability to manage property effectively plus likely waste/dissipation or a need to obtain funds for support, care or welfare (§§ 30-2630(2), 30-2636(d)). |
Guardianship appointment must be the least restrictive available alternative, and a limited guardianship is mandatory unless clear and convincing evidence shows a full one is necessary (§ 30-2620(a)). The conservatorship track permits another appropriate protective order, but does not state the same least-restrictive prerequisite (§§ 30-2630, 30-2637). |
The adult, spouse and in-state parents receive appropriate personal notice at least 14 days before hearing; adult children, current guardian/conservator, caregiver/custodian and, when needed, a closest adult relative also receive notice (§§ 30-2625, 30-2634). The court may require accessible formats; the adult's waiver is ineffective unless the adult attends and the court approves it. |
Chosen counsel is permitted; otherwise appointed counsel and a separate GAL are discretionary, and the notice states a right to request counsel (§§ 30-2619(b), 30-2625(c), 30-2634(e), 30-2636(b)). The adult may attend virtually or in person, see and hear evidence, compel and cross-examine witnesses, present evidence, appeal and request a closed hearing. These Article 26 provisions do not state a jury-trial right. |
No universal clinical filing. The court may appoint a physician and may appoint a conflict-free trained visitor; a guardianship visitor interviews the adult, proposed guardian and service agencies, visits current/proposed residences, evaluates ten functional areas and reports in writing (§§ 30-2619(c), 30-2619.01, 30-2624). Conservatorship physician and visitor appointments are also discretionary (§ 30-2636(b)). |
A limited guardianship is the default, with allocated powers endorsed on the letters; full authority requires separate clear and convincing necessity proof (§ 30-2620). A conservator may receive broad estate powers, but the court may instead order other relief and may limit powers on the letters (§§ 30-2637, 30-2655). Emergency temporary appointments use separate §§ 30-2626 and 30-2630.01 procedures. |
| Nevada verified 2026-07-18 | NRS ch. 159 uses guardian of person, estate, person-and-estate, or special guardian; Nevada does not label the ordinary property appointee a conservator (§§ 159.017, 159.0487, 159.054). |
Adult, governmental agency, nonprofit, or interested person may petition. When Nevada is the home state, venue is the county where the adult resides, subject to first-filed and inconvenient-venue rules (§§ 159.037, 159.044). |
Detailed checklist includes identities/ID, residence, spouse and second-degree relatives, proposed guardian qualifications/history, need documentation, general-vs-special type, property/income, caregiver, requested powers, abuse referral, litigation, POAs/nomination, bankruptcy, and alternatives attestation (§ 159.044). |
Petitioner must prove by clear and convincing evidence that person, estate, both, or special guardianship is necessary. General guardianship follows functional incapacity; limited capacity plus need supports a special guardian (§§ 159.019, 159.022, 159.054-.055). |
Adult must receive alternatives information; physician needs assessment must determine whether alternatives are available and sufficient. Statutory examples include financial and health-care POAs and supported decision-making; limited capacity can support a special guardian (§§ 159.0215, 159.044, 159.054). |
Citation and petition: adult personally served at least 10 days before hearing (court-authorized alternative service: 20 days); other required recipients get certified mail at least 20 days or personal service at least 10 days. General hearing notices are ordinarily 10 days (§§ 159.034, 159.047-.0475). |
Court appoints counsel upon filing unless adult chooses retained counsel. Citation states rights to appear and oppose. Nevada adult ordinarily must attend; physician/qualified certificate or counsel waiver may excuse, and remote appearance is allowed when certificate shows inability (§§ 159.048-.0485, 159.0535). |
Petition needs recent supporting certificate/agency letter and, before ruling, a licensed-physician needs assessment of capacity limits, safety/basic needs, and alternatives. Court may appoint investigator; report addresses scope and special powers. GAL is separately discretionary (§§ 159.044-.046). |
If limited capacity and need are shown, special-guardian order specifies powers/duties; general order states person, estate, or both. Temporary personal/medical and financial-risk tracks are separate, initially 10 days, tightly limited, with extension rules (§§ 159.0523-.055). |
| New Hampshire verified 2026-07-19 | RSA ch. 464-A. One involuntary guardianship petition may seek authority over person, estate, or both; a statutory conservator is a separate voluntary manager for an adult who personally requests help with property (§§ 464-A:2, 464-A:4, 464-A:13). |
Adult, relative, public official, or interested person may file a verified guardianship petition. Probate court has exclusive jurisdiction; venue includes the adult's residence or presence, qualifying institution county, and for estate cases a county containing real property (§§ 464-A:3–4). Only the adult applies for a voluntary conservator (§ 464-A:13). |
Names/addresses and relationships of petitioner, adult, custodian, adult spouse/parents/children/siblings, proposed guardian and counsel; property/income; person-vs-estate scope; requested duration; plus specific recent financial transactions, personal actions, or occurrences showing necessity. Expedited request needs an affidavit; proposed personal guardian ordinarily files a criminal-record release (§ 464-A:4). |
Legal presumption of capacity; petitioner must prove beyond a reasonable doubt functional incapacity and need, necessity, no suitable alternative resources, and least-restrictive intervention (§§ 464-A:2, 464-A:8–9). Evidence must be within 6 months, with one incident within 20 days; informed choices, isolated negligence/improvidence, and lack of resources do not establish incapacity (§ 464-A:2). |
Appointment requires beyond-reasonable-doubt proof that no suitable alternatives exist and guardianship is least restrictive. Statutory examples include home/community services, powers of attorney, supported decision-making, representative/protective payees, and residential care (§§ 464-A:2, 464-A:9). |
Adult receives understandable personal service with petition and factual statement at least 14 days before hearing; relatives, proposed guardian, petitioner, and institutional medical director receive first-class mail at least 14 days before (§ 464-A:5). Counsel receives papers within 24 hours. Expedited hearing generally means within 15 days or as justice requires (§ 464-A:2). |
Counsel is absolute and automatic if adult lacks counsel (§ 464-A:6). Adult must attend if in state and able unless court waives attendance on written statement plus physician affidavit; notice states rights to oppose, attend, present evidence, and have counsel. Rules of evidence apply, record is made on request, and hearing is closed unless adult or counsel asks otherwise (§§ 464-A:5, 464-A:8). |
No universal clinician certificate, evaluator, or visitor. Petition instead alleges specific conduct; medical affidavit is limited to a medical-emergency expedited request or attendance waiver and cannot prove incapacity. Appointed counsel may obtain court-authorized expert services when necessary and the adult is unable to pay (§§ 464-A:4, 464-A:6, 464-A:8). |
Order confers specific powers, identifies person/estate scope and legal limits, and removes enumerated rights only on specific findings; a time-limited order cannot exceed requested duration (§§ 464-A:9, 464-A:11). Temporary guardian is separate, limited to specific acts/property to prevent immediate harm, ordinarily lasts no more than 60 days, and is not an incapacity adjudication (§ 464-A:12). |
| New Jersey verified 2026-07-18 | Rule 4:86 uses one action to determine incapacity and appoint a general or limited guardian of the person, estate, or both. Pendente-lite temporary guardianship is available within the same complaint but has a separate threshold (N.J. Ct. R. 4:86-1; N.J.S.A. 3B:12-24.1). |
The verified complaint must identify the plaintiff's relationship and interest. File through the county Surrogate where the alleged incapacitated person lives; the case is heard in Superior Court (N.J. Ct. R. 4:86-2; NJ Courts filing guidance). |
State plaintiff/adult/spouse identity, age, domicile and address; relationship and interest; children, parents and nearest kin; custodian/institution and confinement history; and POA agent, health representative and trustee. Attach asset/debt certification, clinical certifications, proposed guardian history, and Case Information Statement (N.J. Ct. R. 4:86-2). |
General guardian: incapacitated and without capacity to govern self or manage affairs. Limited guardian: incapacitated and unable to perform some, but not all, self-care tasks. Current § 3B:12-24.1 and Rule 4:86 do not state an evidentiary burden for the ordinary adjudication; S2816/A4338 would require clear and convincing evidence. |
Appointed counsel must report on suitable less restrictive alternatives and decision areas the adult can exercise. Current law authorizes limited guardianship and retained-capacity findings, but the current statute/rule does not expressly require a finding that every alternative is inadequate before appointment (N.J. Ct. R. 4:86-4; N.J.S.A. 3B:12-24.1). |
At least 20 days' notice unless shortened or waived for stated good cause. Personally serve the adult with order, complaint, supporting certifications and separate contest/jury notice; serve spouse, adult children, parents, custodian, agents, health representative, trustee, counsel and court-designated persons as directed (N.J. Ct. R. 4:86-4). |
Court appoints counsel if adult is unrepresented; counsel personally interviews the adult and reports at least 10 days before hearing. Adult must be produced unless plaintiff and appointed counsel certify inability to appear, may retain other counsel, oppose the action, and demand a jury; reasonable communication methods are required (N.J. Ct. R. 4:86-4 to -6; § 3B:12-24.1). |
Ordinarily attach certifications from two qualified physicians, or one physician plus one licensed psychologist, after examinations within 30 days. Each addresses diagnosis/prognosis, factual basis, functional inability, retained decision areas and hearing participation. GAL is discretionary in addition to counsel (N.J. Ct. R. 4:86-2, -4). |
General guardian may receive all rights/powers; limited order must make specific capacity findings and may state guardian limits or retained decision areas. Temporary relief requires good cause plus critical need/risk of substantial harm, is limited to necessary services, and a without-notice order lasts at most 45 days plus one same-length extension (§ 3B:12-24.1). |
| New Mexico verified 2026-07-18 | Uniform Probate Code, NMSA 1978 §§ 45-5-101, 45-5-301.1–45-5-315 and 45-5-401–45-5-436. Guardianship covers personal care; conservatorship covers estate and financial affairs. The statutes use separate petitions and orders. |
Any interested person may seek adult guardianship (§ 45-5-303(A)). A person interested in the adult's estate, finances, or welfare—including one harmed by ineffective management—or the adult's guardian may seek conservatorship (§ 45-5-404(A)). File where the adult resides or is present; the ordering court's district is another option for an institutional placement, and a nonresident conservatorship may be filed where property lies (§§ 45-5-302, 45-5-403). |
Petitioner and adult; spouse/committed partner, relatives and stepchildren; caregiver, counsel, payee, fiduciaries, trustees, health/financial agents and routine decision supporters; proposed appointee; functional need; alternatives considered and why insufficient; full/limited relief and requested powers/property; assets, income and communication supports (§§ 45-5-303(B), 45-5-404(B)). |
Capacity is presumed; petitioner bears clear-and-convincing burden (§ 45-5-303(I)). Guardian findings cover total or area-specific incapacity, continuing care/supervision/rehabilitation necessity, no suitable alternative resources, least-restrictive intervention and a qualified appointee (§ 45-5-304(C)). Conservator findings parallel these for estate/financial management (§ 45-5-407(I)). |
Mandatory. Both petitions must identify alternatives considered or implemented and why insufficient; the guardian ad litem identifies all available alternatives, the visitor separates tasks manageable alone, with supports, or only through appointment, and the order must be the least restrictive intervention (§§ 45-5-303, 45-5-303.1, 45-5-304, 45-5-404, 45-5-407). |
Petition and hearing notice are personally served on the adult and explain rights, attendance, nature, purpose and consequences; listed persons and court-selected interested persons also receive notice (§§ 45-5-309, 45-5-405). The personal-service sections set no numeric lead time; general notice may be mailed at least 14 days before hearing, personally served, or published, subject to a good-cause change (§ 45-1-401). |
Unless the adult already has chosen counsel, appointment is mandatory and counsel performs guardian-ad-litem duties (§§ 45-5-303(D), 45-5-407(B)). The adult ordinarily attends, may present and subpoena evidence, examine the GAL, clinician and visitor, and otherwise participate; the court may hold the hearing at the adult's location, and must schedule a jury on either side's request (§§ 45-5-303(G)–(O), 45-5-407(E)–(R)). |
Both tracks require a court-appointed qualified health-care professional's written functional report and a court-appointed visitor who interviews the adult and proposed appointee, visits the residence, evaluates tasks with and without supports, and recommends whether appointment is appropriate (§§ 45-5-303(E), (F), 45-5-407(C), (D)). The GAL reviews both reports and may obtain independent assessments (§§ 45-5-303.1, 45-5-404.1). |
Guardianship is limited to actual functional limitations and preserves all rights not expressly restricted (§ 45-5-301.1); the order requires least-restrictive findings (§ 45-5-304). A limited conservator receives specified, restrictable powers, and the adult retains every right not granted (§ 45-5-407(J), (K)). Temporary guardian/conservator relief is separate: serious, immediate and irreparable harm, hearing within 10 business days, no more than 30 days plus one possible 60-day extension (§§ 45-5-310, 45-5-408). |
| New York verified 2026-07-18 | Mental Hygiene Law Article 81 uses one proceeding and one 'guardian' label for personal needs, property management, or both (§§ 81.02, 81.08). This page covers that ordinary Article 81 case; temporary appointment is addressed only as a boundary. |
The adult, specified relatives/fiduciaries, a co-resident, anyone concerned with the adult's welfare, or a facility CEO/designee may file (§ 81.06). File in Supreme or eligible County Court where the adult resides or is present; facility residence controls unless venue is changed (§ 81.05). |
Verified under oath: identity/residence; concrete functional and harm facts for personal and/or property powers; powers and duration requested; assets, income, debts, relatives, petitioner and proposed guardian; proposed appointee suitability; and available resources considered (§ 81.08). |
Petitioner bears clear-and-convincing burden (§ 81.12). Appointment must be necessary; absent consent, incapacity means likely harm because the adult cannot provide for personal needs and/or property management and cannot adequately understand and appreciate that inability (§ 81.02). |
Mandatory consideration. The petition identifies available resources; the court and evaluator assess whether reliable supports can meet the need without a guardian (§§ 81.02, 81.08, 81.09). The court may use a protective arrangement or single transaction instead (§ 81.16). |
The hearing is set no more than 28 days after the order to show cause is signed. The adult ordinarily receives personal delivery of the order and petition at least 14 days before the hearing; listed relatives, agents, interested persons, agencies, and facilities receive mailed notice at least 14 days before (§ 81.07). |
Chosen counsel is permitted; appointment is mandatory on request, contest, specified nonconsent, temporary-guardian request, advocacy conflict, or when helpful (§ 81.10). The adult ordinarily attends at court or at home, may present and cross-examine evidence, and may demand a jury by the return date (§ 81.11). |
The court automatically appoints a court evaluator when issuing the order to show cause (§ 81.09). The evaluator interviews the adult, explains rights, investigates functions, supports, finances, preferences, and proposed powers, and reports; an independent medical expert is retained only when the court finds it appropriate. |
The court must state functional, harm, necessity, specific-power, duration, and least-restrictive findings, and may order a protective arrangement without ongoing guardianship (§§ 81.15, 81.16). Temporary guardianship is separate and requires foreseeable danger to health/well-being or property (§ 81.23). |
| North Carolina verified 2026-07-18 | N.C. Gen. Stat. ch. 35A uses an incompetency adjudication followed by appointment of a guardian of the person, guardian of the estate, or general guardian. The appointment application may be joined with or filed after the incompetency petition (§§ 35A-1102, 35A-1202, 35A-1210). |
Any person—including a State/local human-services agency or health-care provider through an authorized representative—may file a verified petition without counsel. File before the clerk of superior court where the adult resides, is domiciled, is an inpatient, or, if residence/domicile cannot be determined, is present (§§ 35A-1103, 35A-1105). |
State adult/petitioner identity and residence; petitioner's interest; assets, liabilities, property value, income or allowances; specific incapacity facts and reasons; less restrictive alternatives considered and why insufficient; next of kin/other interested persons; and other-state adjudications (§ 35A-1106). AOC-SP-200 adds functional domains, existing payee/POA/trust supports, and the recommended guardian and role. |
Clear, cogent, and convincing evidence must show the adult lacks sufficient capacity to manage affairs or make/communicate important personal, family, or property decisions. The adult is not incompetent if a less restrictive alternative supplies sufficient support (§§ 35A-1101, 35A-1112). |
Petition must identify alternatives considered and explain insufficiency. Statutory examples include supported decision-making, technology, representative payee, and health-care or financial agents; guardianship is a last resort, and the clerk may order a limited guardianship (§§ 35A-1101, 35A-1106, 35A-1201, 35A-1212). |
Clerk issues hearing notice within 5 days after filing. Adult must be personally served with rights notice, petition, and initial hearing notice; petitioner mails them to listed next of kin and clerk-designated persons within 5 days. Hearing is 10–30 days after service unless extended for good cause, evaluation, or mediation (§§ 35A-1108, 35A-1109). |
Attorney guardian ad litem appointed upon filing unless adult retains counsel; GAL personally visits, determines and presents adult's wishes, and considers limited guardianship. Adult may attend or waive attendance, present/subpoena/cross-examine evidence, request a closed hearing, and request a 12-person jury (§§ 35A-1107, 35A-1110 to -1112, 35A-1117). |
No universal clinical filing with petition. Clerk on own motion or any party's written motion may order a multidisciplinary evaluation; request due within 10 days after service. Designated agency files within 30 days; evaluation may include directed medical, psychological, social-work and other disciplines, must describe disability and recommend a plan, and is confidential (§§ 35A-1101, 35A-1111). |
Clerk determines nature/extent needed and may order limited guardianship. Order states type, appointee, powers/duties, and designated agency; limited order may preserve rights and must find nature/extent of incapacity (§§ 35A-1212, 35A-1215). Separate interim motion requires reasonable cause plus imminent/foreseeable risk and immediate need; powers last only as necessary, ordinarily no more than 45 days plus one extension (§ 35A-1114). |
| North Dakota verified 2026-07-19 | Separate petitions/tracks: guardian for personal decisions (ch. 30.1-28); conservator or other protective order for property/affairs (ch. 30.1-29). Both may be limited; guardian powers are area-specific (§§ 30.1-28-03 to -05, 30.1-29-04, -08). |
Guardian: anyone interested in adult's welfare; venue where adult resides or is present and expected to remain (§§ 30.1-28-02 to -03). Conservator: adult or person interested in estate/affairs/welfare or harmed by poor management; venue at residence or nonresident property (§§ 30.1-29-03 to -04). |
Guardian: parties, family/caregiver, property/income, powers by six decision areas, nominee/current fiduciaries and agents, specific necessity facts, alternatives considered, recent expert statement if available, and right restrictions (§ 30.1-28-03). Conservator: interest, adult/guardian/relative, property/value, requested authority, agents/payee, alternatives, necessity, expert statement if any, nominee/priority (§ 30.1-29-04). |
Both clear and convincing. Guardian: incapacity, no suitable alternative resource plan, necessity, and least restrictive powers (§ 30.1-28-04). Conservator/protective order: statutory inability, disappearance/confinement, or threatened waste/support need (§ 30.1-29-01). |
Guardian petition must say alternatives were considered; court must find no suitable alternative resource plan and least restrictive powers (§§ 30.1-28-03 to -04). Conservator petition must say less intrusive alternatives were considered; court must maximize independence, but no express alternatives-failed bar (§§ 30.1-29-04, -08). |
Guardian: personal service on adult and in-state spouse/parents; other listed recipients under chapter; ordinary minimum 14 days; adult cannot waive (§§ 30.1-28-09, 30.1-03-01 to -02). Conservator: personal service on adult and spouse or parents/current guardian or conservator at least 14 days (§ 30.1-29-05). |
Guardian: automatic attorney-GAL, but GAL cannot serve as adult's legal counsel; adult may retain counsel, must attend in person/remotely absent good cause, present and cross-examine evidence; hearing closed unless adult-side request opens it (§ 30.1-28-03). Conservator: GAL only if interests may be inadequately represented; adult may retain counsel, must attend, and may subpoena/cross examiner (§ 30.1-29-07). No express jury right in either chapter. |
Guardian: mandatory expert examiner and visitor, plus GAL; written reports and alternative-resource discussion (§ 30.1-28-03). Conservator: mandatory court expert for listed clinical disability grounds; no universal visitor; GAL conditional (§ 30.1-29-07). |
Guardian order only to actual limits, specific powers, least restrictive intervention, and specifically restricted rights (§§ 30.1-28-04 to -05). Conservator orders maximize independence and may substitute another protective order; order does not alter legal capacity (§ 30.1-29-08). Emergency guardian/conservator generally up to 90 days with 10-day hearing; guardian may extend once up to 90 days (§§ 30.1-28-10.1, 30.1-29-20.1). |
| Ohio verified 2026-07-18 | Probate-court guardianship of person, estate, or both under R.C. Chapter 2111; limited authority available (§ 2111.02). Ohio 'conservatorship' is a separate voluntary petition by a competent, physically infirm adult who defines the powers (§ 2111.021). |
Probate court acts on its own motion or application by any interested party, including a person nominated in a durable power of attorney or guardian nomination (§ 2111.02(A)). Adult must reside or have legal settlement in the county; voluntary conservatorship is filed in county of petitioner's residence. |
Application states whole estate/probable value and real-property rents; applicant's specified criminal history; whether limited guardianship is sought, powers and duration; adult's name, age, residence, supporting facts, and next of kin (§ 2111.03). State Form 17.0 attaches next-of-kin list and pre-filing expert evaluation and adds type/scope, necessity, relationship, income, and any guardian nomination. |
Clear and convincing proof of 'incompetency' (§ 2111.02(C)(3)): mental impairment from listed causes must leave the adult incapable of proper self/property care or required family support (§ 2111.01(D)). Court also must find guardianship necessary (§ 2111.02(A)); statute does not assign that necessity finding a separate burden. |
Evidence of a less restrictive alternative may be introduced and then must be considered; court may deny guardianship if one exists (§ 2111.02(C)(5)-(6)). Investigator must recommend guardianship or a less restrictive alternative (§ 2111.041). Limited guardian is expressly available, with retained rights outside the order (§ 2111.02(B)(1)). |
At least 7 days before appointment, court must personally serve adult with boldface notice of hearing and rights; adult cannot waive notice. Ohio-resident next of kin also receive service (§ 2111.04). Court may appoint sooner only after service and good cause. |
Adult has right to attend, contest, chosen independent counsel, chosen friend/family presence, and independent-expert evidence (§§ 2111.02, 2111.04). If indigent, counsel and expert are appointed at court expense on request. Investigator may recommend counsel; court may appoint representation (§§ 2111.031, 2111.041). No jury right is stated in the appointment provisions. |
State Form 17.0 attaches Form 17.1, completed before filing by licensed physician or clinical psychologist, addressing diagnosis, function, personal/financial abilities, living recommendation, prognosis, and guardianship opinion. Court may appoint additional qualified examiners (§ 2111.031). Investigator must investigate, explain rights accessibly, and report condition, necessity/alternative, and counsel (§ 2111.041). |
Limited order/letters must state reasons and specific powers; adult retains rights outside them (§ 2111.02(B)(1)). Full appointment may be denied for a less restrictive alternative. Emergency guardianship is separate: significant-injury prevention, powers limited to necessity, maximum 72 hours plus up to 30 days after notice/hearing (§ 2111.02(B)(3)). |
| Oklahoma verified 2026-07-18 | 30 O.S. §§ 1-101 et seq.: general/limited guardian may cover person, property, or both for incapacity; separate conservator is estate-only, physical-disability-only, and consent-based (§§ 1-111, 3-111, 3-211-.212). |
Guardian: any person interested in the adult's welfare (§ 3-101). Conservator: verified petition of any person, relative, or friend (§ 3-211). District court where adult resides, where a proposed family guardian resides, or on transfer; nonresident property county also qualifies (§ 1-115). |
Verified guardian petition: notice recipients and known attorney; nature/degree of alleged incapacity; requested relief and supporting facts/behavior; estimated intangible personal property. A recent evaluation and person/property plans may be attached (§ 3-101). Conservator petition alleges county connection, physical disability alone, inability to manage property, and voluntary consent (§ 3-211). |
Guardian: clear and convincing proof of incapacity/partial incapacity; court must identify personal/property needs and find those needs require guardianship rather than less restrictive alternatives (§ 3-111). Conservator: physical disability causes inability to manage property and adult consents; no appointment without consent (§ 3-212). |
Court must determine feasibility; dismiss if alternatives are feasible and adequate, and any appointment order must specifically find guardianship necessary instead. Statute names supported decision-making, technology, representative payee, and health/financial agents (§§ 1-111, 3-111). |
Guardian hearing within 30 days after filing; personally serve adult and mail other recipients at least 10 days before hearing (§§ 3-109-.110). Voluntary conservatorship uses personal service at least 5 days before hearing (§ 3-211). |
Adult has rights to attend, compel/present/cross-examine witnesses, appeal, request appointed counsel, and request closure (§ 3-106). Court explains and inquires about counsel; request requires appointment, and absence may be waived only for good cause with alternatives considered on record (§§ 3-106-.107). |
A professional evaluation completed within 60 days may accompany the petition; court may order one after filing. Examiner may be physician, psychologist, graduate social worker, or knowledgeable expert; report goes to court before hearing and covers function, assistance, services, prognosis/treatment, and methods (§§ 3-101, 3-108). |
Partial-incapacity order removes only specified areas; guardian must be limited to actual mental, physical, and adaptive limitations, promoting self-reliance (§§ 1-111, 3-111). Separate special guardian gets only emergency-plan-supported powers and expires at ordinary appointment or 30 days, whichever comes first (§ 3-115). |
| Oregon verified 2026-07-18 | ORS ch. 125 protective proceeding: guardian handles personal protection/care; conservator handles finances/property. One petition may seek one or multiple fiduciaries or other protective orders (§§ 125.005, .010, .055). |
Any person interested in the adult's affairs or welfare may petition (§ 125.010). Probate courts/commissioners have exclusive jurisdiction; ordinarily file where the adult resides or is present (§§ 125.015, .020). |
Requested fiduciary/order and plenary vs limited authority; adult, petitioner, nominee and disqualifying-history details; existing fiduciaries, trustee, health representative and POA agent; treating physician/caregivers; functional facts; alternatives and inadequacy; proposed placement; estate/income; provider conflicts (§ 125.055). |
Guardian: clear and convincing proof of incapacity, necessity for continuing care/supervision, and a qualified, suitable, willing nominee (§ 125.305). Conservator: clear and convincing proof of financial incapability plus money/property needing management or protection (§§ 125.005, .400). |
Petition must identify alternatives considered and why inadequate; visitor investigates why guardianship alternatives are unavailable; guardianship order may be no more restrictive than reasonably necessary (§§ 125.055, .150, .305). |
Personally serve the adult; mail other required recipients. Service/mailing is at least 15 days before the objection deadline; objections are due within 15 days after service/mailing. A nonwithdrawn objection requires a hearing, with at least 15 days' hearing notice (§§ 125.060-.080). |
Adult may appear personally or by counsel and object orally or in writing. At a required hearing, appoint counsel on the adult's request, any objection, visitor recommendation, or court-found need, unless already represented or opposing appointment; notice states evidence/cross-examination rights (§§ 125.070-.080). |
Court must appoint a trained, disinterested visitor for an adult-guardian petition; visitor personally interviews adult and nominee, investigates function, alternatives, objections, counsel and, if conservatorship is also sought, finances. Written report due within 15 days unless extended (§§ 125.150-.155). |
Adult is not presumed incompetent and retains rights not expressly limited or granted away; guardianship order must be no more restrictive than reasonably necessary (§§ 125.300-.305). Temporary fiduciary is separate, purpose-specific, and capped at 30 days plus one possible 30-day extension (§ 125.600). |
| Pennsylvania verified 2026-07-18 | One Chapter 55 proceeding may appoint a guardian of the person, estate, or both, limited or plenary (§§ 5511, 5512.1). Pennsylvania uses 'guardian' for both personal and property authority; the petition must specify the areas and type requested. |
Any person interested in the adult's welfare may petition (§ 5511(a)). For a Pennsylvania adult, file in the county where the adult is domiciled, resident, or residing in a long-term care facility (§ 5512(a)); nonresident property guardianship follows separate asset/trust venue rules. |
Plain-language petition naming the adult, spouse/parents/adult heirs, residence and service providers, proposed guardian and no-adverse-interest statement; reasons, functional and medical facts, requested areas/powers, proposed guardian qualifications, and specific facts showing alternatives considered/tried and why unavailable or insufficient. Estate requests add gross estate value and net income (§ 5511(e)). |
Clear and convincing evidence (§ 5511(a)). Incapacity means significantly impaired ability to receive/evaluate information and communicate decisions, causing partial or total inability to manage finances or meet essential health/safety needs (§ 5501). Incapacity and appointment are separate; incapacity alone cannot justify a guardian (§ 5512.1(a)(6)). |
Mandatory. The petition must plead specific facts about alternatives (§ 5511(e)). The court must make record-based findings that family/friend supports and each alternative are insufficient, must prefer sufficient alternatives and then limited guardianship, and may not appoint a guardian when a sufficient alternative exists (§ 5512.1(a)). |
Large-type, simple-language notice plus petition must be personally served on the adult at least 20 days before hearing, and the papers must be explained as fully as possible in understandable terms (§ 5511(a)). Court-directed notice also goes to adult intestate heirs in Pennsylvania, the residential provider, and other directed service providers/parties. |
Appointed counsel is mandatory whenever the adult has not retained counsel, regardless of ability to pay, and counsel must advocate the adult's expressed wishes (§ 5511(a.1)). The adult ordinarily attends; absence requires likely harm shown by qualified evidence or absence from Pennsylvania. The adult/counsel may request a closed hearing and jury and may cross-examine capacity witnesses (§§ 5511, 5518.1). |
No automatic visitor or committee. The petitioner must present live or deposition testimony from people qualified to evaluate the alleged incapacity, covering functional/clinical condition, supports/services, assistance needed, alternatives, and likely change (§ 5518). For cause, the court must order an independent evaluation and consider the adult's nominated evaluator (§ 5511(d)). |
The court must prefer sufficient alternatives, then limited guardianship; a plenary person or estate guardian requires total incapacity and need, and a partially incapacitated adult keeps all rights outside the order (§ 5512.1). Emergency guardianship is separate: clear and convincing irreparable-harm proof; person order up to 72 hours plus one ≤20-day extension, estate order ≤30 days (§ 5513). |
| Rhode Island verified 2026-07-19 | R.I. Gen. Laws ch. 33-15. Limited/full guardian may cover health care, finances, residence and relationships; full guardianship requires total incapacity. Separate § 33-15-44 conservator manages property for a person unable to do so by disability or own election. |
Any person may file verified guardian petition in probate court of city/town where adult resides, or where out-of-state adult has property (§§ 33-15-2–3). Adult or one or more relatives/friends may petition for property conservator in probate court of adult's town (§ 33-15-44). |
Guardian petition states adult identity/address, physician-based current decision-making assessment, limited-vs-full need, requested powers, steps taken to use less restrictive alternatives, and proposed guardian's qualifications (§§ 33-15-2, 33-15-4). Conservator petition content is not itemized beyond request for property conservator under § 33-15-44. |
Guardian: clear and convincing proof; full only on assessment finding total incapacity, otherwise powers limited to proved decision-making areas, and no appointment if needs are/can be met less restrictively (§§ 33-15-4–5). Conservator: after hearing, appointment if adult appears incapable of properly caring for property; § 33-15-44 states no named burden. |
Guardian petition must state steps taken to use alternatives; court cannot appoint if needs are or can be met by alternatives and must preserve maximum autonomy (§§ 33-15-1, 33-15-2, 33-15-4). The separate conservator statute has no express alternative-failure prerequisite (§ 33-15-44). |
Guardian: adult personally served with petition/notice at least 14 days before hearing; spouse/heirs, facility administrator and protective-service providers mailed notice at least 10 days before (§ 33-15-17.1). Temporary petition uses 5-day periods unless court shortens. Conservator: adult gets at least 14 days' notice if not petitioner (§ 33-15-44). |
Guardian: mandatory guardian ad litem; counsel appointed if adult contests, seeks limits, objects to nominee, requests counsel, or GAL finds counsel in best interest. Adult may attend all stages, compel/present/confront/cross-examine evidence (§§ 33-15-5, 33-15-7). Conservator § 33-15-44 does not state comparable GAL, counsel, or evidence rights. |
Guardian petition must include decision-making assessment completed by primary-care physician if available, otherwise treating/examining physician; additional assessments allowed. Guardian ad litem personally visits, explains rights, reviews assessment/petition/notice, interviews nominee, and reports at least 3 days before hearing unless waived (§§ 33-15-4, 33-15-7). No assessment/visitor specified for § 33-15-44 conservator. |
Absent total-incapacity finding, guardian powers limited to decision areas adult cannot handle; limited order states scope, is not legal-incompetence finding, and preserves all rights not specifically suspended (§§ 33-15-4, 33-15-8). Temporary guardian may be appointed for cause after notice pending case/appeal and serves until appointment is decided or court discharge (§§ 33-15-10–11). |
| South Carolina verified 2026-07-18 | S.C. Code Title 62, Article 5: guardianship governs personal authority; conservatorship/protective proceedings govern property and affairs. Parallel petitions may be consolidated (§§ 62-5-303(A), 62-5-403(D)). |
Any person may seek guardianship; the adult may also seek a conservator or protective order (§§ 62-5-303, 62-5-403). Probate court has exclusive original jurisdiction (§ 62-1-302). Guardianship pleadings disclose the adult's six-month location for jurisdiction; conservatorship venue is the county of residence or, for a nonresident, a county where property or a right of action lies (§ 62-5-401). |
Summons and petition identify the filer, adult, six-month location, spouse/children or nearest kin, agents, caregivers, equal-or-higher-priority candidates, proposed fiduciary, reasons and alternatives, rights and restrictions sought, and assets/income. Conservatorship also pleads agent inadequacy or absence plus threatened or needed property (§§ 62-5-303, 62-5-403). |
Guardian: clear and convincing evidence of incapacity and that appointment is necessary for continuing care and supervision (§ 62-5-304(B)). Conservator/protective order: petition must establish impaired management plus inadequate agent authority/performance or no agent and threatened or needed property (§ 62-5-403(A)); the court requires clear and convincing proof of a basis (§ 62-5-404(B)). |
Both petitions must explain why less restrictive alternatives are unavailable or inappropriate (§§ 62-5-303(B)(6), 62-5-403(B)(6)). Statutory supports include powers of attorney, trusts, representative payees, health decision-makers, accommodations, technology, communication help, and services; the court may order a protective arrangement without a conservator (§§ 62-5-101(23), 62-5-405). |
Serve the adult promptly with summons, petition, right-to-counsel notice, and filed reports; serve co-respondents too. Failure to serve within 120 days permits dismissal (§§ 62-5-303A, 62-5-403A). Counsel appointment follows 15 days after proof of service; GAL and examiner appointment follows within 30 days (§§ 62-5-303B, 62-5-403B). Hearing follows the response period as justice allows (§§ 62-5-303C, 62-5-403C). |
If retained counsel has not appeared 15 days after proof of service, the court appoints counsel and considers the adult's preference; a separate GAL is mandatory (§§ 62-5-303B, 62-5-403B). The adult may attend, conduct discovery, review evidence, and request closure; waiver/no-hearing consent has statutory safeguards and a 30-day temporary order (§§ 62-5-303C, 62-5-403C). No jury provision appears in those appointment-hearing sections. |
Within 30 days after proof of service, the court appoints a physician or nurse practitioner, or at its discretion a physician assistant or psychologist, as examiner; a second examiner may be appointed. The notarized functional report is due by the court's deadline and at least 48 hours before any hearing where introduced (§§ 62-5-303B to -303D, 62-5-403B to -403D). |
The court must promote maximum independence and transfer only rights and powers necessitated by incapacity; unremoved rights remain with the adult (§§ 62-5-304, 62-5-304A). Conservator powers may be limited, and targeted protective arrangements may replace appointment (§§ 62-5-404 to -405). Emergency/temporary relief is a separate verified-petition route; continued orders generally last no more than six months (§ 62-5-108). |
| South Dakota verified 2026-07-19 | One petition may seek guardian (personal affairs), conservator (estate/finances), or both; each may be limited to order-specified areas (SDCL §§ 29A-5-102, 29A-5-301, 29A-5-305). |
Adult, interested relative, caregiver/custodian, nominee, any other interested person, or DHS may file (§ 29A-5-305). Circuit-court procedure applies; adult jurisdiction generally follows home-state/significant-connection rules (§§ 29A-5-104, 29A-5A-202 to -203). |
Petitioner/adult/contact; ordered relatives; caregiver; POA agents and available instruments; attendance capacity; type/reasons; nominees/current fiduciaries; requested limited areas (§ 29A-5-305); evaluation report and prehearing financial statement (§§ 29A-5-306 to -307). |
Clear and convincing evidence (§ 29A-5-312). Guardian: inability to meet essential health/care/safety/habilitation/therapy needs (§ 29A-5-302). Conservator: inability to manage property/finances or support self/dependents (§ 29A-5-303). |
Court must consider availability of less restrictive alternatives, maximum feasible self-reliance/independence, limitations, and needed protection; statute says consider, not an absolute alternatives-failed bar (§ 29A-5-312). |
Hearing within 60 days; adult personally receives notice, petition, and evaluation at least 14 days before and cannot waive; listed persons age 10+ receive mailed notice/petition at least 14 days before (§ 29A-5-308). |
Counsel appointed on request, expressed contest, or court-determined need; if no counsel, court appoints representative or orders attendance (§ 29A-5-309). Adult may attend, oppose, choose counsel, demand jury, present/compel evidence, confront/cross-examine; hearing may close (§ 29A-5-312). |
Evaluation report signed by physician, psychiatrist, or licensed psychologist; covers cognitive/functional limits, conditions, services, necessity/scope, attendance, medication, and assessment dates; >3-month assessment needs no-change statement (§ 29A-5-306). Court representative is conditional (§§ 29A-5-309 to -310). |
Court alone sets type and specific areas; limited letters list granted areas (§§ 29A-5-312, 29A-5-314). Temporary order requires immediate need, risk of significant harm, and no effective authorized actor; only specified powers, 90 days plus one up-to-90-day extension (§ 29A-5-315). |
| Tennessee verified 2026-07-19 | One adult conservatorship proceeding may transfer specified personal, medical, residential, contractual, financial, or property powers; Tennessee reserves 'guardian' primarily for minors (Tenn. Code Ann. §§ 34-1-101, 34-3-107). |
Any person with knowledge of circumstances necessitating appointment may petition; file in a probate-jurisdiction court or other court of record in the adult's county of legal residence/domicile (Tenn. Code Ann. §§ 34-3-101 to -102). |
Identify the respondent, petitioner, proposed conservator, closest relatives, caretakers/providers and requested person/property scope; disclose petitioner/proposed-conservator convictions, proposed conservator's signed willingness, required registry searches, and the current examination report or examiner (Tenn. Code Ann. §§ 34-3-104 to -105). |
Clear and convincing evidence that the adult is fully or partially disabled and needs court assistance; the court then decides whether partial or full conservatorship serves the adult's best interests (Tenn. Code Ann. §§ 34-1-126 to -127). |
Court must choose the least restrictive alternative that sufficiently protects the adult; unremoved powers remain with the adult (Tenn. Code Ann. §§ 34-1-101, 34-1-127, 34-3-107). |
Serve hearing notice on the adult and care/custody provider; mail notice to the closest relatives other than petitioner. Current § 34-1-108 uses a 60-day hearing period measured from service or GAL appointment. |
GAL generally appointed as neutral court investigator, subject to a represented-adult exception; attorney ad litem appointed on adult request, GAL recommendation, or necessity. Adult may demand a disability hearing, present and cross-examine evidence, attend, appeal with counsel, and seek sealing (Tenn. Code Ann. §§ 34-1-107, -125; 34-3-106). |
Pertinent examination within 90 days: sworn report filed with petition; otherwise court orders an examination by the named or court-selected physician, psychologist, or senior psychological examiner. GAL interviews the adult, reviews the report and, for property relief, investigates assets and proposed fiduciary (Tenn. Code Ann. §§ 34-1-107, 34-3-105). |
Order and letters enumerate transferred and retained powers; limited letters marked 'LIMITED.' Separate emergency relief requires likely substantial harm and no acting authorized person, lasts at most 60 days, and grants only specified powers (Tenn. Code Ann. §§ 34-1-129, -132; 34-3-107). |
| Texas verified 2026-07-18 | Estates Code Title 3 uses one 'guardianship' proceeding and one application for a guardian of the person, estate, or both (§ 1101.001). This page covers the ordinary adult appointment; temporary guardianship is addressed only as a boundary. |
Any person may file in a court exercising original probate jurisdiction (§§ 1022.001, 1101.001). Adult venue is the county where the proposed ward resides or is located when filed, or where the proposed ward's principal estate is located (§ 1023.001). |
Sworn application: adult and proposed guardian identity; person, estate, or both; alternatives and supports considered and feasibility; nature/degree of incapacity; protection, assistance, rights, and powers requested; supporting facts and applicant interest; other guardianships; caregiver information; property and benefits; known power-of-attorney holder; spouse, parents, siblings, children, and fallback relatives; venue facts; and professional-guardian status when applicable (§ 1101.001). |
Clear and convincing proof must establish incapacity, best interest, protection of rights/property, and that alternatives and supports are not feasible (§ 1101.101). Adult incapacity is substantial inability, because of a physical or mental condition, to provide food/clothing/shelter, care for physical health, or manage finances (§ 1002.017). Recurring acts in the prior six months—not isolated negligence or bad judgment—must evidence incapacity (§ 1101.102). |
The application must address alternatives and supports and whether they can avoid guardianship; the court must find both infeasible before appointment (§§ 1101.001, 1101.101). Statutory alternatives include medical and durable powers of attorney, representative payee, joint account, management or special-needs trust, advance guardian designation, and person-centered alternate decision-making (§ 1002.0015). A court investigator, where appointed, investigates whether a less restrictive alternative is appropriate (§ 1054.151). |
The adult, parents, spouse, care/controller, and proposed guardian if different from the applicant receive personal citation; adult children, siblings, facility administrators, known agents, designated guardians, and specified relatives receive the application and notice by qualified delivery (§§ 1051.103-.104). The court cannot act before the Monday after the ten-day service period expires and the applicant files proofs and affidavit (§ 1051.106). |
The court automatically appoints an attorney ad litem to represent the adult's interests and expressed wishes; the adult may retain certified counsel instead, subject to a capacity-to-retain-counsel hearing (§§ 1054.001, 1054.006). The adult must attend unless the court states why appearance is unnecessary, may request a closed hearing, and a party may request a jury in a contested case (§§ 1101.051, 1055.052). |
Ordinarily the applicant must present a current professional letter/certificate based on an examination within 120 days; it addresses functional deficits, decision-making, medication, prognosis, supports, necessity, and possible limited powers (§ 1101.103). The official compilation carries parallel examiner versions (physician/qualified psychologist and physician/supervised APRN), plus a separate intellectual-disability documentation route (§ 1101.104). Where the court has an investigator, filing triggers a less-restrictive-alternative investigation and a report (§§ 1054.151, 1054.153, 1054.156). |
A full order follows a finding of total incapacity and must specify transferred rights; if the adult can perform some tasks with or without supports, the court may grant only limited powers and must list guardian powers and the adult's retained rights with and without supports (§§ 1101.151-.152). Temporary guardianship is separate: immediate need plus substantial evidence/probable cause, limited powers, retained untransferred rights, and no presumption of incapacity (§§ 1251.001-.002). |
| Utah verified 2026-07-18 | Utah Code Title 75 ch. 5 separates personal guardianship (pt. 3) from property conservatorship/protective orders (pt. 4); proceedings may be consolidated (§ 75-5-101.5). |
Guardian: adult or anyone interested in the adult's welfare; venue where adult resides or is present, also committing-court county (§§ 75-5-302-.303). Conservator: protected person, estate/affairs/welfare interested person, or person harmed by poor management; residence county, or property county for nonresident (§§ 75-5-403-.404). |
Guardian statute asks for an incapacity finding and guardian appointment but gives no detailed checklist (§ 75-5-303(1)). Conservator petition lists petitioner interest; adult's identity/residence; guardian and nearest relative; property/value and benefits; necessity; proposed conservator and priority (§ 75-5-404). |
Guardian: clear and convincing functional incapacity plus necessary/desirable continuing care (§§ 75-1-201(25), 75-5-304). Conservator: inability to manage effectively plus threatened waste/dissipation or needed support funds (§ 75-5-401); §§ 75-5-401 and -407 state no separate burden. |
Guardian: limited order preferred; full only if no alternative exists and nothing less is adequate (§ 75-5-304). Conservator: court may authorize a transaction/arrangement without ongoing conservator, but a valid POA alone cannot compel denial (§§ 75-5-401(3), 75-5-409). |
Guardian: personal service on adult, spouse, and parents; other recipients include adult children, fiduciaries/caregivers, and sometimes APS; general 10-day notice rule applies (§§ 75-1-401, 75-5-309). Conservator: adult and spouse or parents personally served at least 10 days before hearing (§ 75-5-405). No fixed filing-to-hearing deadline stated. |
Guardian: appointed counsel unless chosen counsel or all seven narrow exception criteria; adult ordinarily attends, may present/cross-examine, demand jury, or request closed nonjury hearing (§ 75-5-303). Conservator: court may appoint counsel; no parallel automatic-counsel or jury clause in § 75-5-407. |
Guardian: court may appoint qualified health provider and court visitor; reports are filed. Visitor becomes required to waive attendance unless extended coma is clearly proved (§ 75-5-303(4)-(6)). Conservator: physician exam and visitor interview are discretionary (§ 75-5-407(4)). |
Guardian: limited-order restrictions must be stated; full order needs specific no-lesser-option finding (§ 75-5-304). Property court may use one-time protective arrangement and basis order does not remove capacity (§§ 75-5-408-.409). Emergency guardian lasts at most 30 days; temporary conservator may serve until further order (§§ 75-5-310, 75-5-408(3)). |
| Vermont verified 2026-07-19 | One involuntary guardianship proceeding under 14 V.S.A. §§ 3060–3081 may assign personal-care powers, financial powers, or both; Vermont does not use a separate ordinary adult 'conservator' track. Limited guardianship means the adult retains every power not specifically granted (§ 3069). Voluntary guardianship and special public-guardian tracks are separate. |
Any 'interested person'—a responsible adult with a direct interest, including the adult, near relative, close friend, current guardian, public official, social worker, physician, POA/advance-directive agent, nominated guardian, or clergy member—may file (§§ 3061, 3063). The Probate Division of Superior Court has exclusive jurisdiction (§ 3062). |
Identify petitioner/respondent, near relative, current guardian, advance-directive nominee and agents under a directive or POA; state the petitioner's interest, age eligibility, specific supporting facts, each area/power requested, income/resources and value, proposed guardian/relationship, and each alternative considered with why unavailable or unsuitable (§ 3063). Current Form 700-00072PAG also addresses other guardianships, co-guardian, directive/POA copies, verification, assets/income, interested-person list, and background-check consent. |
Clear and convincing evidence (§ 3068). The adult must be unable, because of the listed intellectual/adaptive condition or a physical/mental condition causing significantly impaired cognition and grossly impaired judgment, behavior, or reality recognition, to manage personal or financial affairs without a guardian (§ 3061). Recent behavior must show actual/near-term physical harm for personal care or gross financial mismanagement causing actual/near-term vulnerability. |
Mandatory at filing, evaluation, advocacy, and order. The petition must explain why each considered alternative is unavailable/unsuitable (§ 3063); the evaluator must separate tasks manageable alone, with support services/benefits, and only with a guardian (§ 3067); counsel must test whether a less restrictive alternative exists (§ 3065); and only the least restrictive form and powers matching actual limitations may be ordered (§§ 3060, 3069). |
The court schedules after filing and all interested persons are parties entitled to notice. Current Probate Rule 4 permits restricted mail with signed receipt, personal service, or a court-ordered alternative, with the notice and petition served sufficiently before hearing for Rule 12(a). The statute sets no separate fixed service lead. Evaluation is due within 30 days after filing; hearing is 15–30 days after the evaluation is filed, extendable once for good cause up to 15 days (§§ 3064, 3067). |
The court must appoint counsel on the initial petition unless the adult already has chosen counsel; counsel advocates the adult's wishes rather than substituting a best-interests judgment (§ 3065). The adult may attend and testify, subpoena/present/cross-examine witnesses, challenge the evaluator, seek exclusion of unnecessary attendees, and appeal (§ 3068). A GAL is discretionary only if the adult cannot communicate with or advise counsel (§ 3066). Section 3068 states no initial-hearing jury right. |
The court must order a qualified evaluation; it is not merely a petitioner's medical attachment. An evaluator with specific training and demonstrated competence must finish within 30 days unless extended for cause and report disability/function plus tasks manageable alone, with supports, or only under guardianship and recommended powers/services (§ 3067). The confidential report goes to the adult, counsel, petitioner, appointed guardian, and others the court identifies; the adult may cross-examine its preparer (§ 3068). |
The judgment must make specific findings and assign only listed § 3069 powers proved necessary; a limited order leaves all other powers with the adult, preserves an advance directive unless separately overridden, and requires participation and respect for wishes. Emergency temporary guardianship is a separate § 3081 motion requiring likely serious and irreparable physical or financial harm; an ex parte order lasts at most 14 days, with one good-cause 14-day extension pending hearing. |
| Virginia verified 2026-07-18 | Va. Code ch. 20 uses guardian for personal affairs and conservator for estate/financial affairs. One petition may request either or both, including limited appointments (§§ 64.2-2000, 64.2-2002). |
Any person, community services board, or state/local agency may petition. File in circuit court where adult resides, is located, or lived before institutional placement; nonresident conservatorship may be filed where Virginia property lies (§§ 64.2-2001, 64.2-2002). |
Give petitioner/adult identity and residence; jurisdiction; spouse, adult children, parents, siblings/other relatives; caregiver/facility; agents, current fiduciaries and primary provider; requested type/powers; incapacity and current services; proposed appointee; communication needs; confidential finances; attendance concern; GAL request; and cover sheet (§§ 64.2-2000.1, 64.2-2002). |
Clear and convincing evidence must show adult cannot effectively receive/evaluate information or respond so as to meet essential personal needs without guardian help or manage finances/support without conservator help, and needs the appointment. Poor judgment alone is insufficient (§§ 64.2-2000, 64.2-2007). |
GAL must investigate alternatives and explain any conclusion that one is inadvisable; court must consider advance directives, supported decision-making agreements and durable POAs. Guardian/conservator need not be appointed where existing agents, health-care decision makers, or representative payees adequately cover the need (§§ 64.2-2003, 64.2-2007, 64.2-2009). |
Adult gets reasonable, nonwaivable notice and personal service of hearing notice, petition and GAL order. Petitioner mails notice/petition at least 10 days before hearing to every listed adult/entity; hearing occurs within 120 days after filing unless postponed for cause (§§ 64.2-2004, 64.2-2007). |
Attorney GAL appointed in every case. Adult has chosen-counsel right; court may appoint separate counsel on adult/GAL request if needed. Adult may request jury, compel/present/confront/cross-examine witnesses, and attend all stages; hearing may occur at adult's location (§§ 64.2-2003, 64.2-2006, 64.2-2007). |
GAL personally visits, investigates, considers alternatives, consults provider and reports. Separate confidential evaluation ordinarily comes from physician, psychologist, or licensed professional skilled in assessment/treatment; it covers functional impairments, condition, medications, skills/prognosis, dates and license. Court may proceed without it for good cause absent GAL objection (§§ 64.2-2003, 64.2-2005). |
Order must state incapacity, define powers to preserve self-care/property management, state duration, disabilities and tailored limits, and support every provision with findings. Limited orders cover specified decisions. Temporary guardian/conservator means an appointment for a duration stated in the order; Chapter 20 supplies no separate lower emergency proof standard (§§ 64.2-2000, 64.2-2007, 64.2-2009). |
| Washington verified 2026-07-18 | Uniform Guardianship Act, ch. 11.130 RCW, uses parallel petitions: guardian for health/safety/self-care and conservator for property/finances. Court may treat a guardianship petition as conservatorship/protective arrangement with findings (RCW 11.130.265, .270, .360, .365). |
Adult or anyone interested in adult's welfare may seek guardianship; adult, guardian, or person interested in estate/finances/welfare may seek conservatorship. Guardianship venue is adult's residence or court-ordered institution; conservatorship is residence or, for nonresident, county with property (RCW 11.130.030, .270, .365). |
Identify petitioner/adult, family/household, caregivers, counsel, payees, fiduciaries, agents, nominees, proposed appointee, decision helper, communication supports, property/income, need, alternatives tried/considered and insufficiency, full-vs-limited reason, requested powers/property, and any contact restriction (RCW 11.130.270, .365). |
Clear and convincing evidence. Guardianship requires inability—despite supports—to meet essential health/safety/self-care needs, significant harm risk, and no sufficient alternative. Conservatorship requires inability to manage finances (or missing/detained status), harm/dissipation or support need, and no sufficient alternative. Age, eccentricity, poverty or diagnosis alone is insufficient (RCW 11.130.265, .360). |
Petition must identify protective arrangements/alternatives considered or implemented and explain insufficiency. Court visitor investigates supports; court must find alternatives inadequate by clear and convincing evidence, cannot grant full authority if limited/protective relief works, and must maximize self-determination (RCW 11.130.265, .270, .280, .360, .365, .380). |
Hearing within 60 days unless good-cause extension. Personally serve adult and court visitor—and proposed/appointed guardian in conservatorship—within 5 court days after filing; notice includes counsel, jury and rights-at-stake statement. Give notice to all petition-listed family, fiduciaries, agents and other notice parties (RCW 11.130.275, .370). |
Adult may choose counsel; court appoints if adult objects/requests or interests cannot otherwise be adequately protected. Adult has jury right on basis and retained/restricted rights, must attend unless clear-and-convincing refusal/impossibility finding, and may use support persons, technology, interpreter, present/subpoena/examine evidence and request closed hearing (RCW 11.130.275, .285, .295, .370, .385, .400). |
Court appoints trained court visitor, who interviews/investigates and reports at least 15 days before hearing. Court orders evaluation by physician, psychologist, ARNP, or PA selected by visitor; adult may oppose and select evaluator. Guardianship report due within 30 days after exam; refusal permits hearing only if court has sufficient other information (RCW 11.130.280, .290, .380, .390). |
Orders must find alternatives inadequate and notice proper; full orders need findings limited authority cannot meet functional needs, while limited orders specify powers/property. Emergency guardian/conservator needs clear-and-convincing emergency, irreparable-harm and no-alternative findings, only necessary powers, and lasts at most 60 days plus one 60-day extension (RCW 11.130.310, .320, .420, .430). |
| West Virginia verified 2026-07-18 | West Virginia Guardianship and Conservatorship Act, ch. 44A. One petition may request a guardian for personal affairs, a conservator for estate/financial affairs, or both (§§ 44A-1-4, 44A-2-2). Only the circuit court enters the appointment order, although a mental hygiene commissioner may serve as factfinder (§ 44A-2-9(a)). |
The adult, caregiver/custodian, care facility, nominee, de facto guardian/conservator, or any other interested person including the Department of Human Services may file (§ 44A-2-2(a)). File in circuit court where the adult resides or, if admitted to a health-care or correctional facility, where the facility is located (§ 44A-2-1(a)). |
Petitioner/adult and ordered relatives; caregiver/facility and acts performed; de facto decision-maker; surrogate, financial/medical POA and living will copies; petitioner counsel; attendance issue; type/reasons; proposed and nominated appointee details including age, occupation, criminal history and relationship; current fiduciary; requested limited powers (§ 44A-2-2). Conservatorship also requires a prehearing financial-resources statement (§ 44A-2-4). |
Clear and convincing evidence (§ 44A-2-9(d)). Mental impairment must prevent effective receipt/evaluation of information or responses to people/events/environment to the point the adult cannot meet essential personal needs or manage property/support without assistance; poor judgment alone is insufficient (§ 44A-1-4(13)). |
Mandatory. Advance directives or an existing surrogate may eliminate, limit or supersede appointment (§ 44A-1-3). The court considers available alternatives, maximum self-reliance and necessity, and every guardianship/conservatorship must be the least restrictive possible with no powers beyond what is absolutely necessary (§ 44A-2-10). |
Court sets hearing within 60 days after petition and evaluation report. Adult receives personal service of notice, petition and report at least 14 days before hearing; waiver is barred and defective notice is jurisdictional. Listed people age 7+ and entities receive notice/petition by certified mail at least 14 days before hearing (§ 44A-2-6). |
Court appoints counsel automatically, considering known preferences; adult may hire chosen counsel (§ 44A-2-7). Adult may attend, oppose, present evidence, compel witnesses and confront/cross-examine; absence requires physician affidavit, qualified expert proof of physical impossibility or significant health harm, or refusal. Hearing is closed (§ 44A-2-9). The statute assigns factfinding to the judge or commissioner and states no jury right. |
Petition ordinarily includes a licensed physician's or psychologist's report covering functional limits, condition, services, living/treatment plan, necessity and scope, attendance and medication effects, signers and examination dates; good cause permits later court-ordered assessment/report (§ 44A-2-3). Adult has a right to a chosen independent expert (§ 44A-2-7(d)); no separate visitor is universally required. |
Order contains specific findings and conclusions; court determines personal/financial areas and must use the least restrictive possible powers, no broader than absolutely necessary (§§ 44A-2-9(e), 44A-2-10). Limited personal and financial appointments are expressly available (§§ 44A-2-11, 44A-2-12). Temporary relief under § 44A-2-14 is separate: immediate need/significant harm, specified powers, up to six months plus one possible six-month extension for good cause. |
| Wisconsin verified 2026-07-18 | Wis. Stat. ch. 54: guardian of the person, guardian of the estate, or both under one petition; separate § 54.76 voluntary estate conservatorship is initiated by the adult and is not evidence of competence or incompetence |
Any person may petition (§ 54.34). Resident: circuit court in county of residence or physical presence; nonresident: county where adult/assets are found or proposed residence (§ 54.30). Voluntary conservatorship: adult resident applies in county of residence (§ 54.76). |
Adult's identity/residence; specific alleged incapacity; assets/income/benefits; current guardian; nominee; interested parties/custodian; petitioner's interest; public benefits; POA agents; full or limited authority and rights sought; out-of-state proceedings (§ 54.34) |
Clear and convincing (§ 54.10(3)): person—impairment prevents meeting essential physical-health/safety needs; estate—impairment threatens dissipation, self-support, or protection from exploitation; accepted, reasonably available supports cannot meet need less restrictively |
True appointment bar and order limit. Court considers POAs, health-care POA, trusts, joint accounts, reliable resources, and least-restrictive means; supported decision-making, training, education, services, health care, and assistive devices are express alternatives (§ 54.10(3)). |
Petition and hearing notice personally served on adult at least 10 days before hearing; server explains complete contents; interested persons/agents/custodian/aid agencies receive 10-day notice (§ 54.38). Ordinary hearing within 90 days; qualifying facility-admission case within 60 days (§ 54.44). |
Attorney GAL automatic; separate advocate counsel if adult requests, opposes, or justice requires (§§ 54.40, 54.42). Jury demand due 48 hours before hearing; present/cross-examine witnesses and seek independent exam; adult attends unless GAL waives; accessible, closed hearing unless adult consents to open. |
Physician or psychologist must examine and submit written condition/duration report; no fixed recency window, but court weighs recency (§ 54.36). GAL interviews adult/nominees, explains rights, reviews advance planning, reports adequacy and suitability, and may request more evaluation (§ 54.40). |
Only necessary, appropriate, least-restrictive powers; untransferred rights remain with adult (§§ 54.10(3)(e), 54.25(2)). Temporary guardian is separate: immediate need, specified acts, up to 60 days plus one 60-day good-cause extension, with hearing ordinarily no earlier than 48 hours (§ 54.50). |
| Wyoming verified 2026-07-19 | Separate personal guardianship and property conservatorship tracks under Title 3, Chapters 2 and 3. 'Guardian of the estate/property' means conservator (§ 3-1-101). A guardian and conservator may be requested in one petition, tried under §§ 3-3-101–104, and the same person may serve both (§ 3-1-105). |
Any person may file either petition (§§ 3-2-101, 3-3-101). Guardianship venue is where the adult resides or is present, with an institutional-order option; conservatorship venue is the adult's county of residence or, for a nonresident, any county containing property (§ 3-1-103). File with the district-court clerk. |
Both tracks: adult's name/age/address and alleged statutory status/reasons; proposed appointee/address/qualifications; custodian; residence/venue and Wyoming best-interest facts; petitioner's interest. Guardian petitions also state the proposed appointee is fit and proper (§ 3-2-101). Conservator petitions add real/personal-property values, gross annual income, and all money payable (§ 3-3-101). The statutes do not require an alternatives checklist or clinical certificate. |
Preponderance of the evidence must prove both alleged status and necessity for either role (§§ 3-2-104, 3-3-104). For an adult, Wyoming's statutory term is 'incompetent person': inability, unassisted, to manage and care for self or property resulting from advanced age, physical disability, disease, alcohol/controlled-substance use, mental illness, mental deficiency, or intellectual disability (§ 3-1-101). The functional inability—not a condition label alone—must be proved. |
The adult has an express right to the least restrictive and most appropriate guardianship or conservatorship suitable to the circumstances (§ 3-1-205), and the order must identify limited or plenary duties and duration (§§ 3-2-104, 3-3-104). Title 3 does not require the petition to list alternatives or an express finding that named alternatives failed; preserve that distinction. |
Serve the adult, custodian, proposed guardian/conservator, parents, known POA agent or fiduciary, spouse, adult children found with diligence, and anyone else ordered (§§ 3-2-102, 3-3-102). Service follows W.R.C.P. 4: summons and petition together, ordinarily by personal, abode, business, or authorized-agent delivery; publication is available for guardianship/conservatorship when permitted. Rule 12 generally allows 20 days to answer (30 if served outside Wyoming), but Title 3 sets no fixed ordinary hearing deadline. |
The adult has rights to notice, hearing, presence, a GAL under W.R.C.P. 17(c), and counsel only upon court order (§ 3-1-205). The petitioner, adult, or custodian may demand a jury (§§ 3-2-103, 3-3-103). Civil Procedure and Evidence Rules govern the trial; Title 3 gives no special closed-hearing or cross-examination provision. |
No clinical certificate, examiner, visitor, or investigation is universally required by §§ 3-2-101–104 or §§ 3-3-101–104. Because civil rules apply, W.R.C.P. 35 permits a physical or mental examination only on motion, good cause, and notice, by a suitably licensed/certified examiner; the order must define time, place, manner, conditions, scope, and examiner. This is discretionary litigation evidence, not an automatic filing prerequisite. |
The order must state why the adult needs the role, who is appointed, a specified-term or permanent duration, and limited or plenary duties (§§ 3-2-104, 3-3-104), while preserving the least-restrictive right. Appointment does not decide testamentary capacity, and title remains with the adult (§§ 3-1-201, 3-1-203). Emergency guardianship is separate: substantial-harm findings, immediate GAL, 48-hour post-order notice and a 72-hour hearing if appointed ex parte; it does not determine incapacity (§ 3-2-106). |
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