Tip for Guardianship Petition (state-specific)

Guardianship removes fundamental rights — courts require clear and convincing evidence of incapacity

Tip for Guardianship Petition (state-specific)

Consider less restrictive alternatives first: healthcare proxy, power of attorney, representative payee, or supported decision-making

Tip for Guardianship Petition (state-specific)

Many jurisdictions require the proposed guardian to complete a training course

Advance Planningvery hard

Petition for Appointment of Guardian

Guardianship Petition (state-specific) · State Courts (Probate/Family Court)

Court petition to be appointed legal guardian of an incapacitated adult or minor. Requires medical evidence of incapacity. Types include general, limited, temporary, emergency, and healthcare-only guardianship.

Form Details

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Frequency: one time
State-specific: Yes — form may vary by state

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Where to Submit This Form

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File with the probate or surrogate court in the proposed ward's county of residence

Court filing procedures vary by state and county. Contact the clerk of court for local requirements.

Filing Deadline

No fixed deadline, but file promptly when an incapacitated person needs protection. Emergency/temporary guardianship can be requested for urgent situations.

Required Attachments

📎 Petition for guardianship (court-specific form)
📎 Physician's certificate of incapacity or evaluation report
📎 Proposed guardian's personal and financial information
📎 Filing fee (varies by jurisdiction, typically $100-$400)
📎 Notice of hearing served on all interested parties (family members, current caregivers)
📎 Background check/fingerprints of proposed guardian (required in many jurisdictions)

Processing Time

Standard: 30-90 days from filing to hearing. Emergency/temporary guardianship: 24-72 hours in urgent cases.

What Happens Next

The court will schedule a hearing. An attorney may be appointed for the proposed ward. The court investigator may interview all parties. If granted, Letters of Guardianship are issued and the guardian must file annual reports.

Tips for This Form

✓ Guardianship removes fundamental rights — courts require clear and convincing evidence of incapacity
✓ Consider less restrictive alternatives first: healthcare proxy, power of attorney, representative payee, or supported decision-making
✓ Many jurisdictions require the proposed guardian to complete a training course
✓ An attorney is strongly recommended even in uncontested cases

More Advance Planning Forms

Advance Directive / Living Will

State-specific · State Law (forms from AARP, state bar associations, hospitals)

Legal document specifying medical treatment preferences when the individual is unable to make decisions. Requirements for witnesses and notarization vary by state. Free state-specific forms available from AARP and state agencies.

Living Will (State-Specific)

Varies by state · State Legislatures / State Bar Associations

Written declaration of preferences regarding life-sustaining treatment, artificial nutrition and hydration, and comfort care when terminally ill or permanently unconscious. Legally distinct from healthcare proxy in many states.

Healthcare Power of Attorney / Healthcare Proxy

State-specific · State Law

Designates a trusted person (agent/proxy) to make healthcare decisions when the individual cannot. May be part of a combined advance directive or a separate document depending on state law.

POLST (Physician Orders for Life-Sustaining Treatment)

POLST · State Health Departments (46 states as of 2026)

Medical order (not just a directive) specifying life-sustaining treatment preferences. Actionable by EMS. For patients with serious life-limiting illness or advanced frailty. Works alongside advance directives.

MOLST (Medical Orders for Life-Sustaining Treatment)

MOLST · State Health Departments (e.g., New York)

New York's version of POLST. The only authorized form in NY for documenting non-hospital DNR and DNI orders. Must be completed by a physician in consultation with the patient or surrogate.

MOST / POST / COLST (State Variants)

MOST / POST / COLST · Various State Health Departments

State-specific variants of POLST: Medical Orders for Scope of Treatment (MOST), Physician Orders for Scope of Treatment (POST), Clinician Orders for Life-Sustaining Treatment (COLST). Functionally equivalent to POLST.

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Disclaimer: BeneFill™ provides form-filling assistance and informational guidance only. It is not affiliated with, endorsed by, or sponsored by the State Courts (Probate/Family Court) or any government agency. The information provided is for general informational purposes and does not constitute legal, medical, financial, or tax advice. Always verify form requirements and submission details directly with the issuing agency.