How Does Someone Become a Guardian/Conservator?

To become an adult’s guardian, a Petition for Appointment of a Guardian for an Incapacitated Person must be filed with the district court in the county where the incapacitated person lives.
Similarly, to become an adult’s conservator, it is required that a Petition for Appointment of a Conservator for an Incapacitated Person be filed with the District Court in the county in which the incapacitated person lives.
Each of these petitions requires several different supporting documents to demonstrate both the necessity of a guardian and/or conservator and the petitioner’s fitness for the role they seek.
After a petition is filed, the Court will appoint a “Visitor,” an independent individual, to investigate the allegations in the Petition. The Visitor is very much the eyes and ears of the Court. They will interview all relevant parties, including the petitioner, the respondent, the nominated guardian/conservator, and other interested parties.
After the Visitor provides their report to the Court, a hearing will be held on the Petition. Suppose the Court determines that the statutory grounds have been met, and the nominated guardian/conservator is qualified and appropriate to serve. In that case, the Court will issue an order establishing guardianship/conservatorship.

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