Guardianship: A Checklist of Considerations Before Filing

A checklist of things to consider before filing for guardianship.

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  1. Does the Incapacitated Person have a Health Care Proxy or DPOA?

    2. 1. Does the Incapacitated Person have a Health Care Proxy or DPOA?

    Yes No

  2. Is conservatorship necessary?

    3. 2. Is conservatorship necessary?

    Yes No

  3. Is guardianship necessary and appropriate?

    4. 3. Is guardianship necessary and appropriate?

    Yes No

  4. Is Substituted Judgment required?

    5. 4. Is Substituted Judgment required?

    Yes No

  5. Is temporary guardianship necessary and appropriate?

    6. 5. Is temporary guardianship necessary and appropriate?

    Yes No

  6. What functional limitations exist? What are the IP’s capacities?

    7. 6. What functional limitations exist? What are the IP’s capacities?

  7. What limits on the guardianship are appropriate?

    8. 7. What limits on the guardianship are appropriate?

  8. Will Incapacitated Person’s providers support petitioner?

    9. 8. Will Incapacitated Person’s providers support petitioner?

    Find out who they are and contact them.

    Yes No

  9. Who will assent? Who will likely oppose?

    10. 9. Who will assent? Who will likely oppose?

    You want to know who is supportive and who is against the guardianship.

     

    Consider family members, providers, friends, employers, service workers and others involved in the IPs life.

  10. Who will need to be notified? Where can they be served?

    11. 10. Who will need to be notified? Where can they be served?

    Determine who needs to be notified of the filing and who they will be served so it does not delay the process.

  11. Will bond be required? Sureties?

    12. 11. Will bond be required? Sureties?

    Yes No