A Guardian is an individual appointed by the Probate Court to make decisions regarding the personal and physical well being of an adult determined to be a Legally Incapacitated Individual or an Individual with a Developmental Disability. A Guardian may also be appointed to provide for the personal and physical well being of a minor child. A prospective Guardian is nominated either by a petition filed with the Probate Court, or named in a will.
Each “type” of guardianship requires the Probate Court to make specific findings, which must be set out in the petition for appointment. Please review the information provided in this section to ensure you are filing the appropriate petition.
Guardianship of a Legally Incapacitated Individual
Guardianship of an Individual With a Developmental Disability
Guardianship of a Minor
What to Know Before Filing a Petition to Appoint a Conservator
Petitioning the Probate Court for a guardianship or conservatorship should be the last option to be used rather than the first. These alternative options are designed to be less intrusive on the life of the ward and less expensive than Court proceedings.