How to File a Petition for Guardianship and Conservatorship

To file a petition for guardianship and conservatorship, you submit a formal request to the probate court in the county where the proposed ward lives, backed by medical evidence of incapacity and financial records, then serve notice on the person and their close relatives and appear at a hearing where a judge decides whether to appoint you and how much authority to grant. Because the process removes legal rights from another adult, courts require clear and convincing evidence and expect you to have ruled out less restrictive options first.¹

Decide What You’re Asking the Court to Grant

Before you touch a form, be clear about which role fits the situation. A guardian handles personal decisions: where the person lives, what medical care they receive, how their daily needs are met. A conservator handles money and property: paying bills, managing investments, handling real estate.² Courts can appoint one, the other, or the same person to fill both roles. Some states use “conservator” for both categories, so check your state’s terminology against the substance of what you’re requesting.

You also have to decide between full and limited authority. A full (or plenary) guardianship gives the appointee power over essentially all decisions. A limited guardianship spells out exactly which powers the guardian holds, and the ward keeps every right the order does not remove.² Most states require the court to impose the least restrictive arrangement that still protects the person, which means limited is the default unless the evidence shows the ward truly cannot make any decisions independently. If your loved one still manages some areas of life competently, asking for authority you don’t need will meet resistance from the judge.

Rule Out Less Restrictive Alternatives

Judges will not grant a guardianship or conservatorship when a less invasive option can protect the person adequately, and the petition itself should show you’ve considered the alternatives.³ The main ones to weigh:

Power of attorney. If the person still has enough capacity to sign, a durable financial power of attorney or a health care power of attorney lets them delegate decision-making voluntarily without a court proceeding.
Advance directives. A living will or health care directive spells out medical wishes in advance and can reduce the need for someone else to make those calls.
Supported decision-making. At least 17 states recognize supported decision-making agreements, where the person keeps their legal rights but gets help from trusted advisors. In those states, courts must consider this option before appointing a guardian.
Representative payee or VA fiduciary. If the concern is managing Social Security or VA benefits, federal agencies can appoint a representative payee or fiduciary without a full guardianship.
Trusts. A properly funded trust can manage assets without court involvement, especially if set up before capacity declined.

Courts respond better to petitioners who explain why these alternatives won’t work than to petitioners who ignore the question. If a power of attorney is already in place but the agent is being abused or the document is inadequate, say so in the petition.

Gather Your Documents

Assembling documentation before you file saves weeks of back-and-forth with the clerk’s office. You will typically need:

Personal details on the proposed ward: full legal name, date of birth, current address, and living situation.
A recent medical evaluation from a physician, psychologist, or other qualified professional describing the diagnosis, prognosis, and specific ways the condition impairs decision-making. Many courts have their own evaluation form the professional must complete.
For conservatorship, a financial picture: bank accounts, investments, real estate, income sources, and outstanding debts.
Information about you as the proposed guardian or conservator, including your address and relationship to the ward. Some jurisdictions require a criminal background check or credit report.
Names and addresses of close relatives, because you will need to notify the spouse, children, parents, and siblings.
Copies of any existing power of attorney, living will, trust, or prior court order.
A proposed care or management plan outlining how you intend to handle the person or the finances if appointed.

The central legal question the court will decide is whether the person is incapacitated, meaning they cannot receive and evaluate information or communicate decisions about personal care, finances, or both. Common causes include dementia, traumatic brain injury, severe mental illness, intellectual disability, and chronic substance abuse that has substantially impaired judgment. A diagnosis alone will not carry the petition. Most states require incapacity to be proven by clear and convincing evidence, a higher standard than ordinary civil cases use.¹ Vague testimony that a parent “doesn’t seem right” won’t meet the bar. Professional medical evaluations and concrete examples of harmful decisions will.

Court forms are usually available from the clerk’s office or the state judiciary’s website. Some states provide fillable packets that walk you through each section.

File in the Right Court

File in the probate court, or its equivalent division, in the county where the proposed ward lives. Some courts accept mailed or electronic filings; many still require the initial petition to be filed in person.

Any “interested person” can file. That usually means a spouse, adult child, parent, sibling, or close friend, but a state agency or hospital social worker with reason to believe the person needs protection can also petition.

Fees and Costs

Filing fees vary by jurisdiction but generally fall between $200 and $400. Fee waivers are available in most courts if you can demonstrate financial hardship. The filing fee is only a fraction of the total cost. Attorney fees usually represent the largest expense, and contested cases involving family disputes cost substantially more than uncontested ones. Courts may also order a professional evaluation of the proposed ward at your initial expense, and conservators are typically required to post a surety bond, with the amount often set at the total value of the ward’s liquid assets plus a year of expected income.

Plan for these costs upfront. Courts will often approve later reimbursement from the ward’s estate for reasonable expenses, but you may need to cover them out of pocket at the start.

Serve Notice on the Ward and Family

After filing, you must formally notify the proposed ward, close family members, and any other interested parties about the petition and the hearing date. This is called service of process, and it usually requires personal delivery by a sheriff or private process server, or in some cases certified mail. Skipping a required party will typically get the hearing continued until proper notice is completed, so build a complete list of relatives before you file rather than after.

Prepare for the Hearing

At the hearing, the judge decides whether the evidence supports appointment and, if so, how far the authority should reach. The proposed ward has the right to receive notice, be present, be represented by an attorney, present evidence, cross-examine witnesses, and appeal.¹ Many states require the court to appoint an attorney for the proposed ward if they don’t already have one.

The judge may also appoint a guardian ad litem or court visitor to investigate independently. That person usually interviews the proposed ward, reviews medical records, visits the home, and files a report recommending whether guardianship is appropriate and how broad it should be. Expect testimony from the medical professional who evaluated the ward, from you as petitioner, and possibly from relatives who support or oppose the petition.

If the judge finds sufficient evidence of incapacity and concludes that no less restrictive option will work, the court issues an order appointing the guardian, conservator, or both. The order should state exactly what authority the appointee has, which matters most in limited arrangements. The court then issues Letters of Guardianship or Letters of Conservatorship, the official documents you show to banks, doctors, and government agencies to prove your authority.

When the Situation Is Urgent

If the person faces immediate risk of serious harm and the standard timeline of weeks or months won’t work, most states allow you to petition for an emergency or temporary guardianship. These appointments are limited in duration, often 60 days or less, and grant only the authority needed to address the immediate crisis. A hearing still happens, but on a compressed schedule, and judges tend to grant narrower powers than they would after a full proceeding because the proposed ward has less time to respond. Once the emergency order expires, either the full petition must be heard or the temporary authority lapses.

Understand What You’re Signing Up For

Appointment is not the finish line. Courts actively monitor guardians and conservators, and failing to meet reporting obligations can result in removal, sanctions, or criminal referral.²

Conservators are generally required to file an inventory of the ward’s assets within a set deadline after appointment, often 60 to 90 days depending on the jurisdiction, listing every account, property, vehicle, and investment with current values. Getting this late or wrong creates problems immediately.

Guardians of the person typically file an annual status report covering the ward’s living situation, health, medical care, and social activities. Conservators file an annual financial accounting showing every dollar received, spent, and invested, with supporting bank statements and receipts. Courts compare these accountings against the original inventory and prior years to spot irregularities.

Conservators generally cannot make major financial decisions unilaterally. Selling real estate, making large gifts, or borrowing against the ward’s assets typically requires advance court approval, and acting without it can expose you to personal liability and removal. Know this before you file, because these duties continue for as long as you serve.

1
U.S. Department of Justice. Guardianship: Key Concepts and Resources
2
U.S. Department of Justice. Guardianship Overview
3
U.S. Department of Justice. Guardianship: Less Restrictive Options