Guardian of the person
Decides where the ward lives, consents to medical care, and handles daily welfare. For a child, this is the guardian who raises the child in place of the parents.
Guardianship Petition Drafting
Become a Court-Appointed Guardian for an Adult or a Child, With the Petition Drafted to Your State's Code
Prepared by a licensed U.S. attorney
Legal guardianship is a court order that gives one person the legal authority to make decisions for another who cannot make them alone: a child whose parents cannot care for them, or an adult a court finds incapacitated. A guardian of the person handles living arrangements and medical care; a guardian of the estate handles money and property. To get it, you file a petition in the probate court, serve the person and the family, present medical or investigative evidence, and attend a hearing where the person has their own lawyer. We draft the petition, the notices, the proposed order, and the reports that follow. You, or your counsel, review, sign, and file.
The short answer
In Texas, file a sworn application with a physician's letter based on an exam within 120 days (Estates Code Sections 1101.001 and 1101.103). In Florida, file a verified petition to determine incapacity with the petition for appointment, and a three-member committee examines the person (Sections 744.3201 and 744.331). In California, guardianship is for children (Probate Code Section 1510); for an adult, the case is a conservatorship.
California, Texas, and Florida statutes checked against the official codes
Prob. 1510 · Est. 1101.001 · 744.3201
Petition, notice, order, letters, reports
Adults
Adult Guardianship: When a Court Can Appoint a Guardian for a Grown Person
Adult guardianship is available only after a court finds the person incapacitated, and the finding is about function, not diagnosis. Texas defines an incapacitated adult as one who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter, to care for their own physical health, or to manage their own financial affairs (Estates Code Section 1002.017). Florida defines an incapacitated person as one judicially determined to lack the capacity to manage at least some of their property or to meet at least some of their essential health and safety needs (Section 744.102(12)).
The proof bar is high. Both states require clear and convincing evidence of incapacity (Tex. Est. Code Section 1101.101; Fla. Stat. Section 744.331(5)(c)), and Texas adds findings that the guardianship is in the person's best interest and that alternatives and supports were considered and are not feasible. Dementia, a stroke, a serious brain injury, or an intellectual disability that leaves a young adult unable to manage money are the usual cases.
California uses a different name. Its Probate Code reserves guardianship for minors and calls the adult version a conservatorship: a conservator of the person for someone unable to provide for their personal needs, and a conservator of the estate for someone substantially unable to manage their finances or resist fraud or undue influence (Sections 1800.3 and 1801). Older California statutes that say “guardian” of an adult mean the conservator (Section 1490). For a parent or adult child in California, see our page on conservatorship petitions.
Guardian of the estate or property
Collects, protects, and spends the ward's money and property, usually under a bond and with an inventory and accountings filed with the court.
Limited or full (plenary) authority
A limited guardian has only the powers listed in the order. Texas and Florida both require the court to give only the powers the person actually needs (Tex. Est. Code 1101.152; Fla. Stat. 744.2005(3)).
Temporary or emergency guardian
A short appointment when there is imminent danger to the person or their property, while the full case proceeds (Tex. Est. Code 1251.001; Fla. Stat. 744.3031).
Children
Guardianship of a Minor: When a Relative Steps In for the Parents
Parents are a child's natural guardians, so guardianship of a minor is needed only when a parent cannot act: death, incarceration, deployment, addiction, or a child already living with a grandparent who needs to enroll them in school and consent to care. Texas says that if the parents live together, both are the natural guardians of the person of their children (Estates Code Section 1104.051), and for an orphaned child the nearest ascendant comes first, then the nearest of kin (Section 1104.052). Florida says the parents jointly are the natural guardians of their children (Section 744.301), and a guardian for a minor may be appointed without an incapacity proceeding (Section 744.3021).
California has the most detailed path. A relative or other person, or the minor if 12 or older, may petition, and the petition must say the appointment is necessary or convenient (Probate Code Section 1510). Notice goes out at least 15 days before the hearing to the parents, the person with legal custody, a child 12 or older, and any nominee, and the court cannot shorten that time (Section 1511). A court investigator or county agency reports on the home unless the court waives it (Section 1513), and child protective services screens the proposed guardian for prior referrals (Section 1516). In deciding custody of the person, the court applies the Family Code custody preferences, and a parent cannot be appointed guardian except in narrow cases (Section 1514).
Money is a separate question. A child who inherits, receives life insurance, or settles an injury claim may need a guardian of the estate. Florida lets parents handle a child's claims and proceeds without appointment or bond only if the total does not exceed $15,000 (Section 744.301(2)).
A short absence, both parents agreeing?
A parent-signed temporary guardianship agreement lets a caregiver act while the parent is away. It is not a court order, so schools and doctors may still ask for one if the arrangement lasts.
Naming a guardian before anything happens
A California parent can nominate a guardian if the other parent agrees or is dead or lacks capacity (Probate Code Section 1500), and anyone who gives a child property can name who manages it (Section 1501). Most parents do it in a will; see estate planning documents.
The Process
How to Get Guardianship: The Six Stages of the Court Case
Knowing how to get guardianship means knowing the order the court expects things in. The names differ by state, but every case moves through the same six stages, and most delays come from a petition that leaves out a required fact or a relative who was never served.
- 01
File the petition in the right county
Texas venue is the county where the proposed ward resides or is located when the application is filed, or where their principal estate is (Est. Code 1023.001). The petition is sworn or verified in Texas and Florida (1101.001; 744.3201, 744.334).
- 02
Serve the person and notify the family
Texas requires personal service of citation on a proposed ward 12 or older, the parents, a spouse, and the proposed guardian if not the applicant (1051.103), and mailed notice to adult children, siblings, and agents under powers of attorney (1051.104). California requires notice at least 15 days before the hearing (Prob. Code 1511).
- 03
Evaluation
Texas needs a physician's letter or certificate from an exam within 120 days before filing (1101.103). Florida appoints a three-member examining committee within 5 days, at least one a psychiatrist or other physician, with reports due 15 days after appointment (744.331(3)). In California a court investigator reports on a minor's case (1513).
- 04
The hearing, with a lawyer for the person
Texas appoints an attorney ad litem for the proposed ward in every case (1054.001); Florida appoints an attorney for every alleged incapacitated person (744.331(2)(b)). Florida holds the hearing 10 to 30 days after the last committee report (744.331(5)(a)). Relatives may object.
- 05
Order, oath, bond, and letters
The order states whether the guardianship is limited or full and what rights the ward keeps (Fla. Stat. 744.2005). In California a guardian generally gives a court-approved bond before letters issue (Prob. Code 2320), and the order on form GC-240 warns it is not effective until letters have issued.
- 06
Reports until it ends
Florida requires an initial report within 60 days after letters and an annual accounting for a guardian of the property (744.362, 744.3678). The case closes on death, restoration, or majority (Tex. Est. Code 1202.001; Fla. Stat. 744.464).
Annotated Sample
Petition for Guardianship: What It Must Say, Line by Line
A petition for guardianship is judged on facts. Texas lists the contents of an application in Estates Code Section 1101.001(b): the proposed ward's and proposed guardian's details, whether guardianship of the person, the estate, or both is sought, whether alternatives and supports were considered, the nature and degree of incapacity and the rights to be limited, the property, any power of attorney, and the relatives. Florida's Sections 744.3201 and 744.334 ask for much the same, plus the person's primary language and why any supported decision-making falls short. The excerpt below is a sample adult application in Texas form with the reason for each line.
Sample excerpt
In the Matter of the Guardianship of [Name], an Alleged Incapacitated Person
Application for Appointment of Permanent Guardian of the Estate
1.Petitioner is the adult daughter of the proposed ward and resides at [address]. She has no interest adverse to the proposed ward.
Why it is thereWho is filing and why they have standing. Texas requires the applicant's relationship and interest (1101.001(b)).
2.The proposed ward, [name], age 81, resides at [address], [county] County, and has resided there for 14 years.
Why it is thereIdentity and venue facts. Texas venue is where the proposed ward resides or is located (1023.001).
3.Since March, the proposed ward has twice left a stove burning, missed three mortgage payments, and wired funds to a caller claiming to be a grandson.
Why it is thereSpecific facts, not labels. Florida requires the factual basis for the belief that the person is incapacitated (744.3201(2)).
4.The proposed ward is unable to manage her own financial affairs and to care for her own physical health, as stated in the physician's certificate attached as Exhibit A, based on an examination on [date].
Why it is thereTies the facts to the statutory definition (Tex. Est. Code 1002.017) and the medical letter dated within 120 days (1101.103).
5.The proposed ward signed no durable power of attorney. A medical power of attorney names petitioner but does not reach finances. Supported decision-making was considered and is not feasible because [facts].
Why it is thereAlternatives and supports considered and why they fall short (Tex. 1101.001(b)(3-a), (3-b); Fla. 744.3201(2), 744.334).
6.Petitioner requests appointment as guardian of the estate with limited powers, and asks that the proposed ward retain the right to vote and to decide her residence.
Why it is thereThe exact powers sought and the rights kept, so the order can be the least restrictive one (Fla. 744.2005(3)).
7.The persons entitled to notice are: [spouse, adult children, siblings, agent under the medical power of attorney, with addresses].
Why it is thereRelatives and agents to be served. Texas requires mailed notice to adult children, siblings, and agents (1051.104).
A sample shows the shape, not your facts. The petition that wins is the one whose every allegation you can prove at the hearing. For a fill-in starting point, see the guardianship petition template.
Forms
Guardianship Forms in California, Texas, and Florida
Guardianship forms are only as good as what goes into the blanks and the attachments. California publishes statewide Judicial Council forms for a minor's guardianship. Texas and Florida petitions are pleadings built from the contents the statute lists, and many courts add local forms or checklists, so check the clerk's page for your county before filing.
| California form | What it is |
|---|---|
| GC-210 | Petition for Appointment of Guardian of Minor. Required for a guardianship of the estate; may be used for the person. |
| GC-210(P) | Petition for Appointment of Guardian of the Person, for a person-only case. |
| GC-212 | Confidential Guardian Screening Form. Filed separately, not attached to the petition. |
| GC-020 | Notice of Hearing, Guardianship or Conservatorship. |
| GC-215 | Objection to a guardianship petition, used by a parent or relative who disagrees. |
| GC-240 | Order Appointing Guardian or Extending Guardianship of the Person. |
| GC-250 | Letters of Guardianship, the document that proves your authority. |
Texas
The sworn application follows Estates Code Section 1101.001, with the physician's letter or certificate required by Section 1101.103 and the notice papers under Sections 1051.103 and 1051.104. A designation of guardian made in advance must be wholly handwritten or signed before two witnesses 14 or older (Section 1104.203).
Florida
The verified petition to determine incapacity (Section 744.3201) and the verified petition for appointment (Section 744.334) are filed together, followed by the oath, the initial report within 60 days after letters (Section 744.362), and annual reports. A preneed guardian declaration needs two attesting witnesses (Section 744.3045).
Alternatives
Power of Attorney vs Guardianship, and the Other Alternatives a Court Must Weigh
The choice between a power of attorney vs guardianship turns on one question: can the person still sign? A durable power of attorney is chosen by the person, costs a fraction of a court case, and takes no rights away. Guardianship is what is left when that moment has passed. Courts are told to look for the lighter tool first. Texas lists the alternatives by name: a medical power of attorney, a durable power of attorney, a declaration for mental health treatment, a representative payee, a joint bank account, a management trust, a special needs trust, a designation of guardian before the need arises, and person-centered planning (Estates Code Section 1002.0015), and the court must find them not feasible before it appoints (Section 1101.101(a)(1)(D)). Florida says a guardian may not be appointed if an alternative will sufficiently address the problem (Section 744.331(6)(b)).
Supported decision-making keeps the decision with the person. In Texas, an adult with a disability may enter a supported decision-making agreement with a supporter who helps them understand options and communicate choices (Estates Code Section 1357.051); it is signed before two witnesses or a notary (Section 1357.055). Florida requires a petition to say whether the person uses supported decision-making and why it is not enough (Section 744.3201). A Florida power of attorney or trust that is being challenged in good faith by a verified pleading stops counting as an alternative (Section 744.331(6)(f)), which is how a guardianship petition can reach an agent who is misusing the power.
The Attorney's Role
Guardianship Attorney: What the Lawyer Does, What Your State Requires, and What We Draft
People who search for a guardianship attorney usually want the case done right the first time. Most of that work is documents: the petition, the medical evidence, the notice list and service, the proposed order, the bond, and the reports. The rest is court work: appearing at the hearing, examining witnesses, and answering an objection from a relative.
There are two lawyers to think about. The first belongs to the proposed ward, and the court supplies one. Texas appoints an attorney ad litem in every guardianship case, though the person may hire their own certified lawyer instead (Estates Code Sections 1054.001 and 1054.006). Florida appoints an attorney for every alleged incapacitated person, who cannot also serve as guardian or as counsel for the petitioner (Section 744.331(2)(b) and (c)). California must appoint the public defender or private counsel in a conservatorship case when the person has none (Probate Code Section 1471), and may appoint counsel for a minor (Section 1470).
The second is the petitioner's or guardian's own lawyer, and here the states differ. Florida requires it: every guardian must be represented by an attorney admitted in Florida unless the guardian is one, with an exception for a guardian advocate (Florida Probate Rule 5.030(a)). Texas requires any attorney representing a person in a guardianship case to hold State Bar guardianship certification (Section 1054.201); the Estates Code chapters we read do not themselves require the applicant to hire one, so check your court's local practice. In California, a relative or other person may file a minor's guardianship petition (Probate Code Section 1510), and no section we read requires that person to hire a lawyer.
What we draft
- The petition or application, verified and fact-specific
- The notice list, citations, and service papers
- Emergency or temporary guardianship motions
- The proposed order with limited powers and retained rights
- Initial plans, inventories, and annual reports
- Objections, restoration, and termination petitions
What stays with you or your lawyer
- Deciding whether to file and what to ask for
- Signing and verifying the petition
- Filing, paying the court fees, and serving
- Appearing at the hearing and answering objections
- In Florida, retaining the Florida attorney Rule 5.030 requires
Attorneys and firms use us to draft the petition package for their review. For larger contested matters, see probate litigation support.
State Law Side by Side
Legal Guardianship in California, Texas, and Florida Compared
The state where the person lives decides the name of the case, the evidence, and who must have a lawyer. A case in another state is drafted to that state's guardianship code, confirmed before any work begins.
| Issue | California (Probate Code) | Texas (Estates Code) | Florida (Ch. 744) |
|---|---|---|---|
| What adult cases are called | Conservatorship of the person or estate (Prob. Code 1800.3, 1801). Guardianship is for minors. | Guardianship of the person, the estate, or both, for minors and incapacitated adults (Est. Code 1002.017) | Guardianship of the person, the property, or both; limited or plenary (744.102) |
| Who may file | A relative or other person on behalf of the minor, or the minor if 12 or older (1510) | Any person, by sworn written application (1101.001) | Any adult, by verified petition to determine incapacity (744.3201) |
| Medical or expert evidence | Court investigator's report and recommendation, unless waived for good cause (1513) | Physician's (or other listed examiner's) letter or certificate, exam within 120 days before filing (1101.103) | Three-member examining committee appointed within 5 days; reports within 15 days (744.331(3)) |
| Lawyer for the person | Discretionary for a minor (1470); mandatory in a conservatorship if unrepresented (1471) | Attorney ad litem always appointed (1054.001) | Attorney always appointed for the alleged incapacitated person (744.331(2)(b)) |
| Standard and findings | Minor: necessary or convenient (1514). Adult conservatorship: clear and convincing evidence, least restrictive alternative (1801(e), 1800.3(b)) | Clear and convincing evidence of incapacity, best interest, and that alternatives and supports are not feasible (1101.101) | Clear and convincing evidence (744.331(5)(c)); no guardian if an alternative sufficiently addresses the problem (744.331(6)(b)) |
| Notice | At least 15 days before the hearing; the court cannot shorten it (1511) | Personal service on a proposed ward 12 or older; mailed notice to relatives and agents (1051.103, 1051.104) | Hearing 10 to 30 days after the last committee report (744.331(5)(a)); reasonable notice to next of kin if appointment is heard later (744.3371) |
| Guardian must have a lawyer | No statute read requires it | No statute read requires it; any attorney used must be guardianship-certified (1054.201) | Yes: every guardian must be represented by a Florida attorney (Fla. Prob. R. 5.030(a)) |
| When it ends | Minor turns 18 (or 21 under 1510.1), dies, is adopted, or emancipates (1600) | Death, restoration, majority, or no longer needed for government funds (1202.001) | Restoration on a suggestion of capacity (744.464), or death |
A parent who can no longer manage, or a child who needs a home?
Tell us the state, who needs help, and what has happened. We return scope and a delivery date in one business day, drafted to that state's code.
How It Works
The Guardianship Papers We Draft, and How the Work Runs
Legal Tank is a drafting service, not a law firm. We serve family members filing on their own and attorneys who want the petition package built for their review. The person whose name is on the caption decides what to file and signs it.
Petition or Application for Appointment of Guardian
The core pleading: a Texas sworn application under Estates Code Section 1101.001, a Florida verified petition for appointment under Section 744.334, or the California GC-210 or GC-210(P) completed with attachments that tell the child's story.
Use it whenYou are ready to ask the court to appoint you, or someone you trust.
Florida Petition to Determine Incapacity
The verified petition under Section 744.3201 that must be filed with any Florida petition for appointment, setting out the factual basis, the witnesses, the physician, and the rights the person cannot exercise.
Use it whenThe ward is an adult in Florida.
Emergency or Temporary Guardianship Motion
The application showing imminent danger, with a proposed order granting only the powers needed now (Tex. Est. Code 1251.001; Fla. Stat. 744.3031).
Use it whenA bank account is being drained, a placement is ending, or care cannot wait for the full hearing.
Notices, Citations, Proposed Order, Oath, and Letters
Notice lists and service papers, the proposed order stating whether the guardianship is limited or full and what rights the ward keeps, the oath, and the bond papers the court will need before letters issue.
Use it whenThe petition is drafted and the hearing needs a complete file.
Initial Plan, Inventory, and Annual Reports
After appointment the paperwork continues: in Florida an initial guardianship report within 60 days after letters and an annual accounting for a guardian of the property (Sections 744.362 and 744.3678).
Use it whenYou have been appointed and the first deadline is running.
Objection, Restoration, or Termination Petition
An objection to someone else's petition, a Florida suggestion of capacity (744.464), a Texas application for restoration (Est. Code 1202.051), or a California petition to terminate a minor's guardianship (Prob. Code 1601).
Use it whenYou disagree with a guardianship, or the reason for it has ended.
01
You tell us who needs help and where they live
Send what you have: the medical notes, any power of attorney or will, the family list, and any court papers already filed. Upload through the secure matter portal.
02
We confirm the state, the case type, and the evidence
We identify whether the case is a guardianship or a California conservatorship, whether an alternative already covers the problem, and what medical evidence the court will want.
03
We return scope and a delivery date in one business day
A written scope lists each paper: the petition, the notice list, the proposed order, and any emergency motion, timed to your hearing.
04
We draft, you review, we revise
Every allegation is a specific fact you can swear to. You mark what is wrong and we revise until it is accurate.
05
You or your counsel sign and file
You verify, file, and serve. In Florida, your Florida attorney files, because every guardian there must be represented.
Related: if the person has died and the question is the estate, see the probate petition. If a will signed during the incapacity is being offered, see contesting a will. If a trustee is the one mishandling the money, see removing a trustee. To avoid guardianship altogether, see living trusts. If the court has already ruled against you, see appellate brief drafting.
FAQ
Questions Families Ask About Legal Guardianship
How long does adult guardianship last?
Usually until the person dies or the court finds they have regained capacity. Texas closes a guardianship when the ward dies, is found to have full capacity or enough capacity with supports and services, or no longer needs a guardian to receive government funds (Estates Code Section 1202.001), and the ward or anyone interested in the ward's welfare can apply for restoration (Section 1202.051). In Florida any interested person, including the ward, may file a suggestion of capacity, and the ward must prove restoration is warranted by a preponderance of the evidence (Section 744.464). Emergency appointments are shorter: a Florida emergency temporary guardian's authority expires after 90 days or when a guardian is appointed, whichever is first, with one 90-day extension available (Section 744.3031(4)). A guardianship of a minor ends at 18 in California and Texas, or in California at 21 if an eligible ward asks to extend it (Probate Code Sections 1510.1 and 1600).
What are the negatives of guardianship?
The ward loses rights, and the process is public, slow, and supervised. Florida lists rights a court can remove, including the rights to marry, vote, drive, travel, work, contract, manage property, and choose where to live (Section 744.3215(2) and (3)). Texas requires the court to make specific findings on residence, voting, driving, and marriage (Estates Code Section 1101.101(c)). The guardian must file reports: in Florida an initial report within 60 days after letters and an annual accounting for a guardian of the property (Sections 744.362 and 744.3678). Fees for the guardian, the attorneys, and the examiners usually come out of the ward's own estate. That is why Texas and Florida make the court consider less restrictive alternatives first.
Which is better, power of attorney or guardianship?
A power of attorney is better whenever it is still possible, because the person chooses their agent, no court is involved, and no rights are taken away. It has one hard limit: the person must have capacity to sign it. Once capacity is gone and no valid power of attorney exists, guardianship is often the only route. Courts treat a working power of attorney as a reason not to appoint a guardian. Texas lists a durable power of attorney and a medical power of attorney among the alternatives the court must find not feasible before appointing (Estates Code Sections 1002.0015 and 1101.101(a)(1)(D)), and Florida says a guardian may not be appointed if an alternative will sufficiently address the problem (Section 744.331(6)(b)). If the agent is the problem, a guardianship petition may be the way to challenge the power of attorney.
Can I get legal guardianship without going to court?
No. Legal guardianship is a court appointment, so it always takes a petition, a hearing, and an order. What you can do without court is use an alternative: a durable or medical power of attorney, a supported decision-making agreement (Texas Estates Code Chapter 1357), a representative payee for benefits, a joint account, or a trust. You can also plan ahead: a competent adult can name a preneed guardian in Florida (Section 744.3045) or designate a guardian before the need arises in Texas (Estates Code Section 1104.202), and a California parent can nominate a guardian for a child (Probate Code Section 1500). Each of those still ends in a court appointment if a guardian is needed, but the court starts from the person you named.
What type of lawyer handles guardianship?
Guardianship cases are handled by probate, elder law, and estate lawyers, and by family lawyers for cases about children. Two different lawyers can be involved. The court appoints one for the proposed ward: Texas always appoints an attorney ad litem (Estates Code Section 1054.001), Florida always appoints an attorney for the alleged incapacitated person (Section 744.331(2)(b)), and California must appoint counsel in a conservatorship case if the person has none (Probate Code Section 1471). The petitioner may have their own. In Florida every guardian must be represented by an attorney admitted in Florida (Florida Probate Rule 5.030(a)), and in Texas any attorney representing a person in a guardianship case must hold State Bar guardianship certification (Section 1054.201). We draft the papers. We are not a law firm and do not appear for anyone.
Who pays for guardianship?
Mostly the ward's own estate. Texas pays court costs first from the guardianship estate, then from a management trust, then by the party who incurred them, and from the county only if there is no estate and the party filed an affidavit of inability to pay (Estates Code Section 1155.151); the court may also pay the applicant's attorney's fees from the ward's estate (Section 1155.054). Florida pays the guardian's and attorneys' reasonable fees from the guardianship estate (Section 744.108), and the examining committee and appointed attorney from the ward's property, or by the state if the ward is indigent (Section 744.331(7)(b)). If a Florida petition is dismissed and found to be filed in bad faith, costs and fees can be assessed against the petitioner (Section 744.331(7)(c)). California's self-help site lists a filing fee of $225 for a guardianship of the person of a minor and $450 for the estate, with fee waivers available.
What disqualifies you from being a guardian?
Each state has its own list. Texas bars a minor or incapacitated person, a person found unsuitable, a person of notoriously bad conduct, a party to a lawsuit affecting the ward, a person indebted to the ward, a person disqualified in the ward's own declaration, a nonresident without a resident agent, and a person subject to a family-violence protective order protecting the ward (Estates Code Sections 1104.351 to 1104.358). Florida bars anyone convicted of a felony, anyone unable to do the job because of illness or incapacity, and anyone otherwise unsuitable, and allows a nonresident to serve only if closely related to the ward (Section 744.309). In California, child protective services screens a proposed guardian of a child for prior abuse or neglect referrals (Probate Code Section 1516), and the petitioner files a confidential screening form, GC-212.
How to petition the court for guardianship of a parent?
File in the probate court of the county where your parent lives. In Texas that is the county where the proposed ward resides or is located, or where the main estate is (Estates Code Section 1023.001); the application is sworn, lists the facts and the relatives, and must come with a physician's letter or certificate based on an exam no more than 120 days before filing (Sections 1101.001 and 1101.103). In Florida you file a verified petition to determine incapacity together with a petition for appointment; the court appoints a three-member examining committee within 5 days and an attorney for your parent (Sections 744.3201, 744.331, and 744.334). In California the case is a conservatorship, not a guardianship (Probate Code Section 1801). Your parent is served personally and has the right to object at the hearing.
This page explains the statutes and what we draft. It is not legal advice about your case, and Legal Tank does not represent you in court.
Ready When You Are
Get the Guardianship Petition Drafted Right the First Time
Send what you know about the person, the family, and any papers already filed. We return scope and a delivery date in one business day, and the draft comes back for you or your counsel to sign and file.
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