Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating the Action – Filing a Petition:
Any person may initiate guardianship proceedings by filing a petition for the appointment of a person to serve as guardian for an incapacitated person. The process is the same whether the person is seeking to have a guardian of the person, guardian of the property, or both appointed.
Notice of Hearing:
Notice of the petition must be given to the person alleged to be incapacitated, their spouse (if any), their adult children, or if none, their parents. If notice cannot be given to any of these persons, notice must be given to at least one of the people most closely related to the alleged incapacitated person.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian's powers.
Conservatorship in Indiana:
The process for the appointment of a conservator parallels that of guardianship but is less involved.
Ind. Code Ann. § 29-3-5-1 through Ind. Code Ann. § 29-3-5-6
Ind. Code Ann. § 29-3-6-1