Any person interested in the welfare of an alleged incapacitated person (AIP) may petition for a hearing to have a guardian appointed for the AIP. The petition must be filed in the county where the AIP lives. The petitioner can nominate themselves, another person, or a qualified Certified Professional Guardian to be the guardian.
The Alleged Incapacitated Person (AIP) must be notified of the petition, who filed it, and the date of the court hearing.
At the time the petition is filed, the court will appoint a Guardian ad Litem (GAL) from the court’s registry. The GAL will meet with the AIP, explain the petition and the process, and determine if the AIP objects to the guardianship or the person or organization who has been nominated.
The AIP has the right to his or her own attorney, and an attorney will be appointed from the court’s registry if the AIP does not select an attorney who is qualified to serve in that role. The AIP also has the right to attend the court hearing.
The GAL will interview all persons with relevant knowledge, will obtain a medical report, and make recommendations to the court. After the GAL has made his or her recommendations to the court, there will be a hearing at which the court will decide if the person needs a guardian or a limited guardian, and who should be appointed as guardian.