If the court decides that person is legally incapacitated or incapable of taking care of him or herself, it may give a guardian authority to make all decisions on behalf of the incapacitated person. Sometimes the court may also limit the guardian's authority to specific decisions. A conservator may be appointed to manage the incapacitated person's funds and property and will be responsible to the court for how those assets are managed. The guardian and conservator may be the same person. To have a guardian or conservator appointed for an incapacitated person, a petition must be filed with the circuit court.
Any adult interested in the well-being of the incapacitated person can file the petition.
There are filing fees for guardianships, conservatorships, and committees. Before the hearing, the court will appoint a guardian ad liter to meet with the ward and make an investigation for the court. There may be a charge for this. A hearing will be held and the judge will decide after hearing testimony whether it is necessary to appoint a guardian to protect the person or a conservator to protect the person's property. Guardians and conservators must fulfill the legal duties required of the position.