Guardianship

Guardianship

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A Guardian is an individual appointed by the Probate Court to make decisions regarding the personal and physical well being of an adult determined to be a Legally Incapacitated Individual or an Individual with a Developmental Disability. A Guardian may also be appointed to provide for the personal and physical well being of a minor child.  A prospective Guardian is nominated either by a petition filed with the Probate Court, or named in a will. 

Each "type" of guardianship requires the Probate Court to make specific findings, which must be set out in the petition for appointment. Please review the information provided in this section to ensure you are filing the appropriate petition. 

Guardian statues

Guardianship of a Legally Incapacitated Individual

Guardianship of an Individual with a Developmental Disability

Guardianship of a Minor

Alternatives to Conservatorship and Guardianship

General Information for Guardians: