INSTRUCTIONS: PETITION FOR APPOINTMENT OF GUARDIAN (Form 24)

Anyone 18 years and older can file a petition with the court for guardianship. A guardian can be appointed for a person, for the estate, or for both the person and the estate.

“Petitioner for Appointment of Guardian Form 24 Step 1”

The petition is straightforward and easy to complete. After completing the petition, you want to file the document with the Probate Clerk in the county where the proposed Ward currently lives.

The person asking for guardianship will usually ask for assistance from an attorney. Also, a statement from a physician is normally filed with the petition.

“Petitioner for Appointment of Guardian Form 24 Step 2”

After the petition is filed, the proposed Ward is notified as well as all immediate family members. There is a 20 day requirement between the notice and the required hearing before the judge.

“Petitioner for Appointment of Guardian Form 24 Step 3”

In the hearing before the Circuit Court Judge, evidence is brought forward explaining the ward’s need for a guardian. Evidence is usually provided by a physician and in the form of oral statements from those who know the ward.

“Petitioner for Appointment of Guardian Form 24 Step 4”

The proposed ward has the opportunity to contest the guardianship during the hearing as well. If the proposed ward is contesting the guardianship, they will usually be represented by counsel.

“Petitioner for Appointment of Guardian Form 24 Step 5”

If the judge accepts that the proposed ward needs guardianship, they will decide upon the best guardian. The appointed Guardian may need to post bond in some cases. Letters of Guardianship are then filed with the Clerk’s office.

“Petitioner for Appointment of Guardian Form 24 Step 6”

The Acceptance of Appointment as Guardian is signed by the Guardian and filed with the Probate Clerk.

“Petitioner for Appointment of Guardian Form 24 Step 7”

After the Letters of Guardianship are filed with the Probate Clerk’s office, the guardian can now take custody of the ward and the assets of the ward if guardian of the estate was established.