Guardianship Petition, Free Download 2026

Petitioner respectfully petitions this Court for the appointment of a [guardian of the person / guardian of the estate / guardian of the person and estate] for [Proposed Ward's Full Name] (the "Proposed Ward"), date of birth [____________], currently residing at [____________]. The Proposed Ward is a [minor / incapacitated adult] who is unable to provide for [his/her/their] own personal needs, health, safety, and welfare [or manage [his/her/their] financial affairs and property] by reason of [minority / mental illness / intellectual disability / physical incapacity / substance abuse disorder / other incapacity], as more fully described herein.

The incapacity of the Proposed Ward is evidenced by the following: (a) the attached physician's certificate or clinical evaluation, prepared by [Dr. ____________], dated [____________], which diagnoses the Proposed Ward with [diagnosis] and opines that [he/she/they] lacks the cognitive and functional capacity to [make reasoned personal decisions / manage finances / provide for basic needs]; (b) the observations of Petitioner over the course of [____] years of regular contact with the Proposed Ward; and (c) [additional evidence, e.g., prior hospitalizations, social worker reports, school records]. The incapacity is expected to be [permanent / of indefinite duration / subject to the following potential for improvement: ____________].

Petitioner, [Petitioner's Full Name], whose address is [____________], is the [parent / sibling / adult child / close relative / interested person] of the Proposed Ward and is qualified to serve as guardian by reason of the following: (a) Petitioner has a close, established relationship with the Proposed Ward and is familiar with [his/her/their] needs, preferences, and daily routines; (b) Petitioner has no criminal convictions, no history of abuse or neglect, and no conflicts of interest that would impair [his/her/their] ability to act in the Proposed Ward's best interests; and (c) Petitioner possesses the [physical health, emotional stability, financial resources, and community support] necessary to discharge the duties of guardian faithfully.

Petitioner agrees to: (a) make all decisions for the Proposed Ward in accordance with [his/her/their] best interests and, to the extent ascertainable, [his/her/their] personal preferences and values; (b) file all required annual accountings and reports with the Court; (c) seek Court approval for all significant decisions as required by applicable law; (d) maintain adequate records of all transactions involving the Proposed Ward's person and estate; and (e) notify the Court promptly of any material change in the Proposed Ward's circumstances. Petitioner understands that the guardianship is a fiduciary relationship subject to continuing Court supervision.

Petitioner requests that this Court grant the following powers and authorities: GUARDIAN OF THE PERSON: (a) authority to determine and establish the Proposed Ward's place of abode; (b) authority to consent to medical, surgical, dental, psychiatric, and therapeutic treatment; (c) authority to make educational and vocational decisions; (d) authority to manage the Proposed Ward's personal affairs and social relationships; and (e) authority to apply for public benefits on the Proposed Ward's behalf. Petitioner requests that the guardianship be limited to the least restrictive form of intervention consistent with the Proposed Ward's needs, in accordance with the principle of maximizing the Proposed Ward's self-determination.

GUARDIAN OF THE ESTATE (if requested): (a) authority to manage, invest, and protect the Proposed Ward's real and personal property; (b) authority to collect income and pay expenses from the Proposed Ward's assets; (c) authority to [sell / mortgage / encumber] property with Court approval as required; (d) authority to employ attorneys, accountants, and other professionals as reasonably necessary; and (e) authority to maintain and file the Proposed Ward's tax returns. Petitioner shall post a surety bond in the amount required by the Court unless waived, and shall file an inventory of the Proposed Ward's estate within [____] days of appointment.

Petitioner has provided or will provide notice of this proceeding to all interested parties as required by [applicable state guardianship statute], including: (a) the Proposed Ward, personally and in a manner reasonably calculated to be understood by [him/her/them]; (b) the Proposed Ward's [parents / spouse / adult children / other known relatives within the second degree of kinship]; (c) any person currently serving as the Proposed Ward's attorney-in-fact, healthcare surrogate, or trustee; and (d) the facility or person having custody of the Proposed Ward, if any. Proof of service upon all required parties will be filed with the Court prior to the hearing on this Petition.

WHEREFORE, Petitioner respectfully requests that this Court: (a) set this Petition for hearing at the earliest practicable date; (b) appoint a guardian ad litem or court visitor to investigate the Proposed Ward's circumstances and report to the Court; (c) upon hearing, appoint Petitioner as [guardian of the person / guardian of the estate / guardian of the person and estate] for the Proposed Ward; (d) authorize the Petitioner to exercise the powers set forth herein; and (e) grant such other and further relief as this Court deems just and proper in the interest and welfare of the Proposed Ward.