Adult Guardianship

The Judiciary provides instructions and resources for people who want to seek guardianship for an incapacitated person.

Guardianship Overview

The Superior Court can assign a guardian to care for an adult who cannot care for themselves. First, the court must determine whether a person is incapacitated. Until the court decides, the person is an alleged incapacitated person (AIP). After the court determines incapacitation, they become a protected person or ward.

Examples of incapacitation include:

Mental illness or deficiency.
Physical illness or disability.
Chronic drug use.
Chronic alcoholism.
Developmental disability.

There are three types of guardianship:

Guardianship of the person and estate. The guardian is responsible for the individual’s healthcare and financial management. This applies when the ward also has assets that qualify as an estate.
Guardianship of the person only. This applies when the ward needs to be looked after but does not have assets to manage.
Guardianship of the estate only. The guardian only manages the ward’s financial affairs.

The court determines if the individual needs general or limited guardianship.

General Guardianship. The guardian can exercise all rights and powers of the incapacitated person.
Limited Guardianship. The guardian’s role is less intrusive and more individualized.

Forms and the Guardianship Process

If you are seeking to represent yourself in a guardianship case, please visit our self-help resources page.

The Civil Division, Superior Court works with county surrogates in guardianship cases. The initial guardianship request is filed with the county surrogate’s office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate.

Potential guardians can file for a standard guardianship. If the AIP is eligible for benefits from the Division of Developmental Disabilities (DDD), there are special filing instructions.

The alleged incapacitation person needs to be examined by a doctor. A second doctor or psychologist must also certify the condition. The following forms are required in standard guardianships:

Certification of Physician or Psychologist (2). A doctor must certify the AIP’s condition. A second doctor or psychologist needs certify the condition. The personal examinations must be within 30 days of filing. You will complete the top section. The health professional(s) will complete the rest of the form
Case Information Sheet (CIS). This form outlines the details of the case. Instructions are provided with the form.
Certification of Assets. This form lists all property and income of the AIP.
Certification of Criminal and Civil Judgment History. This form lists the criminal and civil history of the potential guardian.
Order Fixing Guardianship Hearing Date. The court needs to set a court date and assign an attorney for the AIP.
Judgment of Incapacity and Appointment of Guardian(s) of the Person and Estate, or
Judgment of Incapacity and Appointment of Guardian(s) of the Person.

For DDD eligible AIPs, the guardian will complete either of these two packets:

All guardianship cases require a fee of $200.

After filing, the court will appoint an attorney to represent the AIP and set a court date. Attorneys will need to follow the Guidelines for Court-Appointed Attorneys in Guardianship Matters and complete the Report of Court-Appointed Counsel for the Alleged Incapacitated Person.

During the hearing the potential guardian must prove incapacitation. If successful, the judge completes the judgment of incapacity and appoints the guardian(s).

Court-appointed guardians must then qualify with the county surrogate. The guardian needs to affirm their willingness and ability to act as guardian. Once they qualify, they receive Letters of Guardianship. These are the official documents authorizing the person(s) to act as guardian.

Guardians will also purchase short certificates. These are shortened versions of the Letters of Guardianship that can be given as proof of guardianship.

Guardians of the estate receive compensation. The amount guardians are paid is based on the total value of the estate. Guardians can also receive a percentage of any income earned by the estate.

All guardians should be familiar with the Guardianship of the Person, Guardianship of the Estate, and Guardianship Reporting Forms brochures, and should view the tutorial on court-appointed guardianship.

Guardianship Monitoring Program and Oversight

The Guardianship Monitoring Program (GMP) provides an ongoing relationship between the guardians and the courts.

Guardians are typically loving family members or friends. At times, an attorney can act as guardian. Most guardians care for and protect their ward. However, the authority entrusted to guardians can create opportunities for abuse. The court system is devoted to eliminating those opportunities.

Qualified volunteers in the GMP track and report guardian actions. Volunteers enter information in the Guardianship Monitoring System (GMS). The GMS is a statewide database used by all counties to track guardian activities.

Volunteers review guardian reports, financial records, doctor certifications and more. They compare the reports to original case files. This helps identify discrepancies that could signal abuse. In these instances, GMP volunteers file reports with the court. Typically, they go to the judge who originally heard the case. The reports will include recommendations for disciplinary actions.

Guardians are required to treat their wards with dignity and integrity. They must follow all court rules and file periodic reports. These reports include:

Report of Guardian Cover Page. This form is required with all guardian reports. It provides summary information about the guardianship. This includes any changes or updates to the ward’s condition or estate.
Report of Well-Being. A report to keep the court informed of protected person’s overall care.
Certificate of Examining Professional. This form is completed and filed in the initial guardianship request. Updated certifications are required. These helps alert the court of any changes in the protected person’s health conditions.
EZ Accounting Form and additional pages. This form is for simple accounting, typically when there is no estate or a very small estate.
Comprehensive Accounting Form. This report is for more complex estates.

Guardians are required to complete Certification of Assets when filing for guardianship. After guardianship is established, they must complete the Guardian Inventory. Volunteers can then compare the accounting forms to these initial forms to identify any issues regarding the estate.

Due to the complex nature of guardianship monitoring, volunteers need specialized skill sets. Volunteers should have experience or interest in learning how to read and understand legal documents. Volunteers can also have experience or interest in understanding financial documents. Qualified volunteers will also be interviewed to determine their ability to serve in this function.

Apply to become a GMP volunteer today.

Additional Oversight

The court considers itself legally responsible to care for protected persons. From the very start of the process, the court’s goal is what’s in the best interest of the AIP/protected person. This starts with appointing counsel to represent the AIP. The assigned attorney must be a “zealous advocate” for their client.

Guardians of the Estate may also be required to post a surety bond. This helps protect the ward’s assets. The surety bond can be paid from the estate. If the guardian violates the terms of the guardianship, the bond company can sue them for the bond amount.

The ward’s friends and family have the right see if the person is being treated fairly. They can ask the court to review financial records.

Interested parties can use the Motion Kit to file with the court.

Examples of guardianship motions: