How is a guardianship/conservatorship established?
The process begins when a “petitioner” files an application for the appointment of a guardian and/or conservator in the probate division of the circuit court in the county where the alleged incapacitated or disabled person (the “respondent”) is domiciled. After an application is filed, the court will set a date for a hearing. Notice of the application must be served upon the respondent. Notice of the hearing date will be mailled to the respondent’s spouse, parents, children, other close relatives over the age of 18, any person acting in a representative capacity with respect to any of the respondent’s financial resources, and any person having care and custody of the respondent. The petitioner and the respondent must be represented by attorneys. The court will appoint an attorney for the respondent. The attorney must visit with the respondent prior to the scheduled hearing to exchange information that would safeguard and protect the interests of the respondent. The County Counselor’s O
