Guardianship and Conservatorship Process

Below are the general steps for establishing a guardianship or conservatorship.

Petition

The first step in establishing a guardianship or conservatorship is to file a Petition with the court in the county in which the ward (person for whom a guardianship or conservatorship is being sought) is residing.

Documents to be filed with the Court

There are various checks that must be completed and documents filed with the court prior to the hearing on the appointment of a guardian or conservator. The Petitioner (person filing to be appointed as guardian or conservator) must complete a criminal history check (background check) and have the results sent to the court. The Petitioner must also complete abuse and neglect registry checks with the Department of Health and Human Services to determine if the Petitioner is listed on the adult or child abuse registries as well as a check to determine if the Petitioner is listed on the sex offender registry in the state in which the Petitioner resides and file those results with the court.

Guardian ad Litem or Visitor Appointment

A Guardian ad Litem (GAL) or Visitor will be appointed if the petition is for the appointment of a guardian or conservator of an adult. A GAL may be appointed when a guardianship or conservatorship of a minor is sought, but it will be up to the court to decide if one is needed. A GAL or Visitor is an independent third-party who investigates the case and makes recommendations to the court, including whether a guardian or conservator is needed.

Court Hearing

A hearing will take place on the Petition for the court to determine whether a guardian or conservator should be appointed. Typically this is a quick hearing so long as the matter is not contested. If the appointment of a guardian or conservator is contested, than the matter will be set for trial for evidence to be presented to determine whether a guardian or conservator is needed.

After Court Hearing

After the court hearing there are additional documents that must be filed with the court prior to the court issuing Letters of Guardianship or Letters of Conservatorship.

Training

Training set up by the Office of Public Guardian must be completed by all newly appointed guardians and conservators. This is a one-time class to provide more information on the authority and duties of guardians and conservators. Once the training has been completed, the completion certified must be filed with the court.

Annual Reporting

Every year on the anniversary of appointment certain reports must be filed with the court. If these reports are not filed, the guardianship or conservatorship may be terminated by the court for failure to complete the annual reporting requirements.

For flowcharts, see our blog pages: guardianship process, conservatorship process, guardianship and conservatorship process.

If you want to be appointed as a guardian for a minor, contact guardianship attorneys at Stephanie Flynn Law, or call (402) 325-8469 for help.