Petition for Guardianship of Estate

A Petition for Guardianship of Estate is a legal document filed to request court appointment of a guardian to manage the financial affairs of an incapacitated person (the ward). Key aspects include:

1. Identifies the proposed ward and petitioner

2. Explains why guardianship is necessary

3. Details the ward’s assets and income

4. Proposes a suitable guardian

5. Outlines the guardian’s proposed powers

6. May require medical evidence of incapacity

7. Often involves a court hearing

This petition is typically filed when an adult becomes unable to manage their finances due to illness, injury, or cognitive decline. The court-appointed guardian has a fiduciary duty to act in the ward’s best interests, manage their assets responsibly, and provide regular accountings to the court.

Filing for guardianship is a serious step that limits the ward’s rights, so it’s crucial to consider less restrictive alternatives first. Proper estate planning, including creating a Durable Power of Attorney, can often prevent the need for guardianship.