Guardianship of Legally Incapacitated Individual (L.I.I.)

Please Read Before Proceeding

This information is not intended to be legal advise, but a brief explanation of the basic procedure that is required. Probate Court personnel cannot give legal advice about your particular situation or complete your forms for you. You are not required to have an attorney; however, the Court cannot act as your attorney. If you do not understand process or have questions on what to do, you will need to obtain other assistance.


Petition for Guardianship of Legally Incapacitated Individual (L.I.I.)

When an adult is no longer able to make decisions or care for themselves, a Petition may be filed asking the Court to appoint a guardian for that adult. Any person interested in the welfare of the adult may file this petition.

Guardianship of a Legally Incapacitated Individual (L.I.I.) Packet Forms
Self Help Legal Resources Handout - Guardianship of a Legally Incapacitated Individual (L.I.I.) (PDF)
Petition for Appointment of Guardian of Incapacitated Individual (PDF)PC 625
Addendum to Protected Personal Identifying Information (PDF)MC 97a
Notice of Rights to Alleged Incapacitated Individual (PDF)PC 626
Adult Guardianship/Conservator Records Check Release (PDF)
Central Registry Clearance RequestDHS-1929
Proof of Service (PDF)PC 564
Acceptance of Appointment (PDF)PC 571
Order Regarding Appointment of Guardian of Incapacitated Individual (PDF)PC 653
Letters of Guardianship (PDF)PC 633


Petition to Modify/Terminate Guardianship of Legally Incapacitated Individual

If a change needs to be made to the guardianship, a petition to modify the guardianship can be filed. If the guardianship is no longer needed, a petition to terminate the guardianship can be filed.

Modify/Terminate Guardianship of a Legally Incapacitated Individual (L.I.I.) Packet Forms
Self Help Legal Resources Handout - Modify/Terminate Guardianship of a Legally Incapacitated Individual (L.I.I.) (PDF)
Petition to Terminate/Modify Guardian of Incapacitated Individual (PDF)PC 675
Addendum to Protected Personal Identifying Information (PDF)MC 97a
Adult Guardianship/Conservator Records Check Release (PDF)
Central Registry Clearance RequestDHS-1929
Proof of Service (PDF)PC 564
Acceptance of Appointment (PDF)PC 571
Order Regarding Termination/Modification of Guardian of Incapacitated Individual (PDF)PC 638a
Letters of Guardianship (PDF)PC 633


Objection

If you do not agree with a Petition that has been filed, you may file an Objection along with a filing fee of $20.00. A copy of your Objection must be mailed or hand-delivered to interested parties and a Proof of Service must be filed with the Court.

Forms Needed
Objection Form (PDF)SH 366a
Proof of Service (PDF)PC 564


Annual Report for L.I.I. Guardianship

Each year, the guardian must complete an Annual Report to file with the Court and must mail a copy of this report interested parties. This report is due once a year. The due date can be found on the second page of the Letters of Guardianship.

Forms Needed
Annual Report (PDF)PC 634
Proof of Service (PDF)PC 564
Interested Persons Defined Form (PDF)


Withdrawal of Petition

If you have filed a Petition that you would like to withdraw, a Withdrawal of Petition form may be filed.


Withdrawal of Petition Form (PDF)SH 511


Additional Resources