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.

Petition for Guardianship of L.I.I. (PDF) Icon Opens in new window

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.

Petition to Modify or Terminate L.I.I. Guardianship Packet (PDF) Icon Opens in new window

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)


Additional Resources