Guardianship Legal Forms: 50-State Survey

Sometimes when an adult is unable to care for or make decisions for themselves due to incapacity or disability, it may be appropriate to appoint a guardian to act on their behalf. In other situations, minors whose parents are deceased or otherwise unable to care for them may need a guardian. Each state has its own forms and processes for establishing guardianships (as well as conservatorships, where applicable), and you can read more here about the general rules that apply in most situations.

In addition to finding that there is a need for a guardianship (also known as a conservatorship in some states, or in situations involving oversight of an estate rather than a person), when appointing a guardian the court will assess whether a proposed guardian meets the legal qualifications under state law to serve in that role. In many jurisdictions, a guardian can be any adult who is capable of performing the requisite duties, and who does not have any serious criminal convictions or conflicts of interest with the protected person or ward. Many states also set forth an order of preference with regard to who may be appointed. Oftentimes corporations, nonprofits, and public entities can serve as guardians where appropriate. In cases involving minors, the court will often look at whether the minor’s parent(s) have nominated a particular guardian, as well as whether the child has a preference if they have reached a certain age (usually 14).

Some states require guardians to file a bond with the court, though in most jurisdictions this is more likely to occur if the guardian (or conservator) is responsible for a ward’s assets in addition to or instead of their person.

Generally speaking, a guardian for an incapacitated or disabled adult is responsible for the ward or protected person’s care, comfort, medical treatment, education if applicable, living situation, and finances to the extent that this is handled through the guardianship rather than a conservatorship. A guardian for a minor is generally responsible for the care, support, education, activities, and health of the child in the same way that a parent would be, and may also have responsibility for the minor’s property or assets. Further, guardians must comply with any reporting requirements that the court imposes as part of their service.

Guardianships can end under a variety of circumstances, including the death of the ward or guardian, resignation or removal of the guardian, an order upon application by the ward or any other interested person to terminate the guardianship, a finding that the guardianship is no longer necessary, or in the case of a minor, the ward turning 18, being adopted, getting married, or becoming emancipated.

Click on the states below for an overview of some of the main rules and requirements related to establishing and administering guardianships in each jurisdiction, along with links to the guardianship forms you may need to file as part of that process.

Alabama

Who can be a guardian for an adult: Any qualified person may serve as a guardian for an adult in Alabama, though the law establishes the following order of priority as to should be appointed: a person designated in a durable power of attorney; a spouse or spouse’s nominee; an adult child; a parent or parent’s nominee; a relative with whom the person has resided within the past six months; or a nominee of the ward’s caretaker.
Who can be a guardian for a minor: Any person who will act in the best interest of the child can serve as a guardian for a minor, though the minor’s nominee should be appointed if the minor is 14 or older; a parental nomination will also generally take priority.
Bond requirements: None for guardianships.

A guardian in Alabama is responsible for taking care of a minor or incapacitated person with regard to items such as applying available funds for the ward’s health, maintenance, support, and education, conserving excess money, consenting to medical care, taking reasonable care of a ward’s personal effects, and reporting the ward’s condition to the court. A guardianship ends upon the death of the ward, resignation of the guardian, adoption or marriage of the minor, the minor becoming an adult, or the ward’s incapacity being terminated.

Alabama Guardianship Forms and Resources

Alaska

Who can be a guardian for an adult: The court can appoint a competent adult, public guardian, private association, or nonprofit entity as a guardian of an incapacitated person in Alaska. The guardian cannot be someone who provides work or services to the ward, or has a conflict of interest with them. The statutory order of priority for who can serve as a guardian includes someone the ward nominated when they had sufficient capacity to do so; the ward’s spouse; the ward’s adult child; the ward’s parent; a relative the ward has lived with for six months within the past year; a friend or relative with a sincere interest in the ward; a private professional guardian; and a public guardian.
Who can be a guardian for a minor: Any person designated by the minor’s parents in a properly executed power of attorney, or deemed by the court to be a person who will act in the child’s best interests in situations where parental rights have been suspended or terminated may serve as a guardian.
Bond requirements: A guardian may need to post a bond in cases where substantial assets are involved.

A guardian in Alaska is responsible for determining where the protected person will live, ensuring their comfort, care, and maintenance, making sure they receive adequate health care and protection, advocating for their legal rights, and managing their financial affairs unless a separate conservator has been appointed. A guardianship ends if the protected person dies, a minor ward turns 18, if someone petitions the court to review the terms of the guardianship or, if the terms of the guardianship expire.

Alaska Guardianship Forms and Resources

Forms - Guardianship & Conservatorship, Alaska Court System

Arizona

Who can be a guardian for an adult: Any person who is qualified may be appointed as a guardian for an incapacitated person in Arizona subject to certain requirements. The statutory order of priority as to who should be appointed as a conservator or guardian for the protected person, or a fiduciary recognized or appointed by a court in the jurisdiction where the person lives, is as follows: a corporation or individual nominated by the ward at a time when they have sufficient capacity to make such a decision; an individual nominated to serve as guardian in the ward’s most recent health care power of attorney or durable power of attorney; the ward’s spouse; the ward’s adult child; the ward’s parent; a relative with whom the ward has lived for at least six months; a nominee of the ward’s caregiver; the department of veterans’ services if the ward, their spouse, or their parent is a veteran; a licensed fiduciary; or a public fiduciary.
Who can be a guardian for a minor: A guardian can be a relative, friend, or other interested person whom the court believes will act in the best interests of the child. A guardian who is not related to the child may need to undergo a background check and fingerprinting process.
Bond requirements: A guardian may need to post a bond in cases where substantial assets are involved.

A guardian in Arizona for a person who is incapacitated exercises the same rights, responsibilities, and powers with regard to the ward that someone may exercise as to an unemancipated minor child, including establishing where the ward will live, providing care, comfort, maintenance, and education to the extent that is appropriate if the guardian has custody of the ward, consenting to medical or other professional treatment, managing the ward’s financial affairs as needed depending on whether a conservator has been appointed, and making the necessary reports to the court regarding the guardianship. A guardianship may end under circumstances including the death of the guardian or ward, a finding of incapacity on the part of the guardian, resignation or substitution of the guardian by the court, termination of the ward’s incapacity, a parental request to end the guardianship of a minor, and a minor ward turning 18.

Arizona Guardianship Forms and Resources

Guardianship Forms, AZCourtHelp

Arkansas

Who can be a guardian for an adult: In general, a guardian must be a resident of Arkansas who is at least 18 years old and of sound mind, and who has not been convicted of a felony or had a felony pardoned (or had their criminal record expunged or sealed).
Who can be a guardian for a minor: In general, a guardian must be a resident of Arkansas who is at least 18 years old and of sound mind, and who has not been convicted of a felony or had a felony pardoned (or had their criminal record expunged or sealed).
Bond requirements: A guardian may need to post a bond proportionate to the amount of the estate they are managing, though if the guardianship is over a person only and not their estate, the bond cannot exceed $1,000 or may be dispensed with.

The general powers and duties of a guardian in Arkansas include maintaining and caring for the ward, and ensuring access to education and training if the ward is a minor. A guardian will have custody of the ward, but will not have the authority to bind the ward or their property, and must make reports regarding the ward’s condition as directed by the court. A guardianship can end under circumstances including when the ward dies, moves out of state, or is deemed by the court to be competent or have capacity. The court can also end a guardianship if it determines that it is no longer in the best interest of the ward. If a guardianship has been established only because of the minority age of the ward, the ward’s marriage will terminate the guardianship over the ward’s person but not all aspects of their estate. Guardianship of a minor may also be terminated when the child turns 18.

Arkansas Guardianship Forms and Resources

Official Probate Forms, Arkansas Judiciary

California

Who can be a guardian for an adult: In California, a guardian for an adult person or their estate is known as a conservator, and a spouse, friend, relative, or professional fiduciary can fulfill this role. Generally speaking, the statutory order of preference regarding who should serve is as follows: a person nominated by the conservatee, if they have sufficient capacity to make that decision; the spouse or domestic partner of the proposed conservatee, or the spouse or domestic partner’s nominee, subject to exceptions; the proposed conservatee’s adult child, or someone nominated by the adult child; the proposed conservatee’s parent, or someone nominated by the parent; the proposed conservatee’s sibling, or someone nominated by the sibling; and any other person or entity eligible under the law.
Who can be a guardian for a minor: A relative, friend of the family, or qualified person otherwise deemed to be someone who will act in the best interests of the child can be a guardian for a minor or their estate in California. Children who are 12 or older can ask the court to appoint a specific guardian.
Bond requirements: Except as otherwise ordered by the court, estate conservators and guardians (unless the guardian will not have access to funds placed in a blocked account) must file a bond approximately proportional to the value of the estate; the bond amount may be reduced or waived. Guardians and conservators of persons only generally do not need to file a bond.

A conservator in California for an adult person is generally responsible for the conservatee’s protection and care, determining where the conservatee will live, arranging for the conservatee’s meals, health care, clothing, personal care, and transportation, and complying with any court reporting requirements. A conservator of an estate is responsible for managing the conservatee’s assets, bills, and income, and complying with any court reporting requirements. A conservatorship may be limited or temporary in some cases. A guardian in California for a minor person is generally responsible for the child’s care, maintenance, education, medical treatment, facilitating parental visitation where applicable, and complying with any required reporting to the court. A guardianship of an estate generally involves managing the child’s assets, maintaining an inventory of assets, keeping accurate financial records, and complying with any court reporting requirements. A conservatorship may end under circumstances including when a conservatee or conservator dies, a conservator is deemed to have capacity, the court appoints a new conservator, or the court makes a finding that the conservatorship is no longer needed. A guardianship may end under circumstances including when the ward turns 18, gets married, the court rules that the guardianship is not in the child’s best interest, or the guardian asks the court to end the guardianship.

California Guardianship Forms and Resources

Colorado

Who can be a guardian for an adult: Any person who is 21 or older, subject to certain exceptions.
Who can be a guardian for a minor: Any person who is 21 or older, subject to certain exceptions.
Bond requirements: None for a guardianship; may be required for a conservatorship of a ward’s finances.

The duties and responsibilities of a guardian in Colorado include caring for and protecting the ward, making decisions regarding the ward’s living situation, arranging for the ward’s health care, and exercising the duties and care that a parent would with regard to the ward’s education, support, health, and welfare if the ward is a minor. A guardianship for an adult can end under circumstances including when the ward dies, the ward no longer needs a guardian, someone (including the ward, guardian, or any other interested person) petitions the court to end the guardianship, or the court otherwise terminates the guardianship. A guardianship for a minor can be terminated under circumstances including when the minor turns 18, is adopted, dies, gets married or enters into a civil union, begins active military service, or otherwise becomes emancipated, or the court issues an order ending the guardianship.

Colorado Guardianship Forms and Resources

Forms - Guardianship & Conservator - Colorado Judicial Branch

Connecticut

Who can be a guardian for an adult: In Connecticut, a person who assists an adult to oversee their personal and/or financial affairs if they have been deemed by a court to be incapable of doing so themselves is called a conservator. A conserved person may designate their own conservator, and the court will appoint that person if they are willing and able to serve, unless the court finds a significant reason to disqualify them. If no designation has been made, the petitioner can suggest someone; in the absence of a designation the court will also consider factors including whether the suggested conservator is knowledgeable and aware of the conserved person’s wishes and committed to promoting the conserved person’s independence and welfare; the ability of the proposed conservator to serve; the costs of the conservatorship; and any proposed conflicts of interest. In the case of an intellectually disabled adult (18 or older), Connecticut recognizes plenary and limited guardianships depending on the extent of the supervision and services needed. Any adult individual, legally permitted state official, business, or nonprofit (except for hospitals and nursing homes) can serve as a guardian for an intellectually disabled adult.
Who can be a guardian for a minor: In appointing a guardian for a minor in a situation where a minor’s parents are deceased, the court will consider factors including the ability of the proposed guardian to meet the child’s needs from a physical, educational, and emotional standpoint on an ongoing basis; the wishes of the child if they are 12 or older and have the maturity to establish an intelligent preference; whether any relationship presently exists between the child and the proposed guardian; and the best interests of the child. If a child’s parents have been removed as guardians and the court is seeking to appoint a permanent guardian, factors that must be established by clear and convincing evidence as part of the appointment process include consent of the minor if they are 12 or older; if the minor is under age 12, that the proposed guardian is related to them or currently serving as a permanent guardian for one of their siblings; that the minor has lived with the proposed guardian; and that the proposed guardian is well-equipped to serve in this role until the minor turns 18. In appointing a guardian for a minor’s estate (assets exceeding $10,000), the court may choose any suitable person, but will look to the minor’s parents first; a child who is 12 or older may also express a preference as to who should be appointed.
Bond requirements: In conservatorships or guardianships conferring authority over a protected person’s estate or assets, a conservator or guardian will often be required to file a bond that is approximately proportional to the amount of the estate or assets, though the amount may be waived or reduced in cases involving fewer assets or restricted access to assets.

In Connecticut, a conservator of a person is responsible for meeting the basic needs of someone who is determined by the court to be unable to do so; these needs may include things like ensuring access to clothing, food, medical care, and safety. A conservator of an estate is responsible for overseeing a person’s finances if a court finds that they cannot do so themselves. Conservatorships in Connecticut may be temporary, voluntary, or involuntary. A person serving as a plenary or limited guardian for an adult with an intellectual disability is responsible for things such as where the protected person will live; the protected person’s educational, behavioral, or vocational programs; and their medical care. If a person with an intellectual disability has assets worth more than $10,000, it may be necessary to establish a conservatorship over their estate. The duties of a guardian in Connecticut for a minor are to care for and control the child, and make all arrangements related to the child’s education and welfare; guardianship of a minor may be temporary in some cases. A conservatorship of a person may be terminated under circumstances including a petition by the protected person asking to terminate the conservatorship, or a review of the conservatorship by the court. Conservatorship of an estate may be terminated if the court determines that the protected person’s assets are below a certain amount. The guardian of an intellectually disabled adult may be removed if the court determines that it would be in the protected person’s best interest. A guardianship for a minor or their estate may be terminated under circumstances including when the minor turns 18. A guardian of a minor’s estate may be removed if they are found to be incapable or to have mishandled the minor’s assets.

Connecticut Guardianship Forms and Resources

Delaware

Who can be a guardian for an adult: In Delaware, the Chancery Court may appoint an adult or the Public Guardian to make health care and/or financial decisions for someone who is mentally infirm, physically incapacitated, or otherwise disabled under state law.
Who can be a guardian for a minor: Any person who is at least 18 years old can be a guardian for a minor in Delaware, but the Division of Family Services must generally evaluate any placement of a minor with a non-relative. If a minor’s sole surviving parent has not designated a guardian in a last will or written declaration, or if the court finds just cause for not appointing the designated guardian, a minor who is 14 or older may choose a guardian unless the court finds just cause to decline to appoint them; for children under the age of 14, the court may appoint a guardian at its discretion under these circumstances. If a minor is under age 14 when their guardian is appointed and it is not someone who was designated in their sole surviving parent’s last will or written declaration, the minor may choose a guardian when they turn 14, unless there is just cause to refuse the minor’s selection.
Bond requirements: A guardian may be required to file a bond in an amount set by the court unless the court dispenses with the bond.

The responsibilities of a guardian in Delaware include making arrangements for the personal and medical care of a disabled adult, and making decisions with the protected person’s best interests in mind. Guardians who are responsible for a disabled adult’s property manage the protected person’s financial affairs with their best interests in mind. Guardianship of the person of a minor involves ensuring that the child’s health, education, and welfare are looked after. Guardianship of a minor’s estate encompasses entering into legal contracts on behalf of the minor and investing liquid assets, among other things. Guardianship of an adult person or their estate may end under circumstances including the death of the protected person, recovery of capacity by the protected person, or termination by the court upon petition by the protected person, the guardian, or another interested party. Guardianship of a minor or their estate may be terminated under circumstances including the minor turning 18, or termination by the court upon petition by the minor, the guardian, or another interested party.

Delaware Guardianship Forms and Resources

Guardianship Forms, Delaware Courts

District of Columbia

Who can be a guardian for an adult: Any qualified person may serve as a guardian for an incapacitated individual unless they have a conflict of interest such as being a creditor of the protected person, though this kind of conflict may be overridden under certain circumstances such as when the proposed guardian is a relative. Generally speaking, the court will adhere to the following order of priority when appointing a qualified guardian: the incapacitated person’s chosen guardian or the person nominated in the person’s most recent durable power of attorney; the incapacitated person’s spouse or domestic partner, adult child, parent, or adult sibling (or any person nominated in such a person’s will or signed, witnessed writing if they are deceased); any relative with whom the incapacitated person has lived for more than six months before the guardianship petition was filed; and any other individual. A proposed guardian’s criminal history will also be taken into account by the court in considering their appointment.
Who can be a guardian for a minor: If a minor does not have a natural or testamentary guardian, the probate court may appoint one in its discretion or upon the petition of a next friend of the minor. Minors over the age of 14 can nominate or select their own guardian, subject to court approval, even if the minor had a different guardian appointed for them before they turned 14.
Bond requirements: Bonds may be required for conservators or guardians of property.

The powers and responsibilities of a guardian in the District of Columbia for an incapacitated person can include making arrangements for the incapacitated person’s care, protection, health, and financial affairs unless a conservator has been appointed. Guardians must also comply with any reporting requirements imposed by the court. A guardianship may be general, limited, temporary, established on an emergency basis, or pertain only to health care. A guardian for a minor person is generally responsible for the child’s custody, care, and education. A guardian of a minor’s estate is responsible for managing estate assets in the child’s best interest, and complying with any accounting or reporting requirements established by the court. A guardianship for an incapacitated person may be terminated under circumstances including the death of the incapacitated person or guardian, a finding that the guardian has become incapacitated, or the guardian’s resignation or removal. Guardianship of a minor person may end when the minor turns 18 or marries.

District of Columbia Guardianship Forms and Resources

Florida

Who can be a guardian for an adult: In general, any adult who is a resident of Florida, whether they are related to the ward or not, can be appointed as a guardian if they are capable of serving, do not have any conflicts of interest, and have not been convicted of a felony or involved in any legal cases involving abuse of a child. Nonresidents may serve if they are related to the ward. People who are public or professional guardians, as well as entities such as nonprofit organizations, may also serve in this role. The court may appoint a guardian chosen by the ward in a written declaration before they were in need of a guardian unless the court finds that it would not be in the ward’s best interest.
Who can be a guardian for a minor: In general, any adult who is a resident of Florida, whether they are related to the ward or not, can be appointed as a guardian if they are capable of serving, do not have any conflicts of interest, and have not been convicted of a felony or involved in any legal cases involving abuse of a child. Nonresidents may serve if they are related to the ward. Parents can designate a pre-need guardian to serve in the event of the parents’ death, but their selection will still be subject to legal requirements and court approval. The court may also consider the preferences of a child who is 14 or older in appointing a guardian.
Bond requirements: Guardians of property generally must file a bond approximately proportional to the value of the estate, but the court may reduce or waive the bond amount.

A guardian in Florida for an incapacitated adult is responsible for things including the ward’s care, protection, medical treatment, and living arrangements. If the guardian has authority over property, they must invest, inventory, and use the ward’s assets for the benefit of the ward, while complying with accounting and reporting requirements imposed by the court. A court may establish a limited guardianship if the ward’s incapacitation is partial, and emergency temporary guardianships can be available under certain circumstances. The rights and duties of a guardian for a minor encompass all of those necessary to care for the child’s welfare and property. A guardianship of property for a minor is needed in cases where the minor receives insurance proceeds, a lawsuit award, or inheritance exceeding $15,000. A guardianship for an incapacitated adult may be terminated under circumstances including the ward’s recovery of capacity, a guardian’s failure to perform required duties, a guardian’s resignation, or the death of the guardian or ward. A guardianship for a minor may end when the ward turns 18.

Florida Guardianship Forms and Resources

Guardianship Forms - Florida Courts Help

Georgia

Who can be a guardian for an adult: An individual guardian may be an adult who is not a ward or protected person themselves, does not have a substantial conflict of interest with the ward’s (unless their appointment would be in the ward’s best interest), and does not own, operate, or work at a care facility at which the ward resides unless they are related to the ward by blood, adoption, or marriage. A public guardian or the Department of Human Services may also serve as a guardian. Neither an entity that has a substantial conflict of interest with the ward (unless its appointment would be in the ward’s best interest) nor a care facility where the ward is receiving care may serve as guardian. Subject to judicial discretion, the appointment of a guardian will generally conform to the following order of preference: the person most recently nominated by the ward; the ward’s spouse or a person nominated by the ward’s spouse; the ward’s adult child or a person nominated by the ward’s adult child; the ward’s parent or a person nominated by the ward’s parent; a guardian appointed when the ward was a minor; a guardian previously appointed in Georgia or another jurisdiction; a relative, friend, or any other person found to be suitable to serve; and a public guardian or the Department of Human Services.
Who can be a guardian for a minor: An individual may serve as a guardian for a minor if they are not a ward or protected person themselves, and do not have a substantial conflict of interest with the minor’s (unless appointment would be in the minor’s best interest).
Bond requirements: The court may require a guardian of a ward’s person to file a bond, and is likely to require a conservator of a ward’s property to file a bond that is proportional to the amount of assets in the estate.

A guardian in Georgia for an incapacitated adult is generally responsible for exercising the powers and rights necessary to provide for the care, support, health, and welfare of the ward, including determining where the ward will live and making decisions in the ward’s best interest. A conservator may be appointed to manage an adult ward’s finances. A guardian for a minor in Georgia is responsible for ensuring that the minor’s needs related to health, protection, education, and welfare are met. A conservatorship may be established to manage a minor’s assets if they have received a settlement, inheritance, or insurance proceeds in excess of $15,000. A guardianship may be terminated under circumstances including the death of the ward or guardian, resignation of the guardian, a minor ward turning 18, or the court otherwise ordering the termination of the guardianship.

Georgia Guardianship Forms and Resources

Georgia Probate Court Standard Forms and Instructions

Hawaii

Who can be a guardian for an adult: To appoint a guardian for a incapacitated adult in Hawaii, the court will generally observe the following order of preference, subject to judicial discretion in determining the ward’s best interest: a guardian presently acting on behalf of the ward in Hawaii or another state (other than a temporary or emergency guardian); an individual nominated by the ward at a time when they had sufficient mental capacity to to so; an agent authorized by the ward to act as a health care agent; the ward’s spouse or reciprocal beneficiary or a person nominated in the will or other signed writing by the ward’s deceased spouse or reciprocal beneficiary; the ward’s adult child; the ward’s parent or someone nominated by the parent in a will or other signed writing; and an adult the ward has lived with for more than six months prior to the guardianship petition being filed. An operator, owner, or employee of a care facility where the ward is receiving care may not serve as guardian unless they are related to the ward by blood, adoption, or marriage, or are otherwise approved to serve by the court.
Who can be a guardian for a minor: The court may appoint a guardian for a minor if it deems it to be in the child’s best interest, and if the child’s parents consent, are deceased, or are not able or willing to exercise their parental rights. If a deceased parent named a guardian in a will or other signed writing, that appointee will take priority for appointment, but a child who is 14 or older may object to the appointment of a particular guardian.
Bond requirements: A conservator responsible for a ward’s property may be required to file a bond in an amount roughly proportional to the value of the estate.

A guardian in Hawaii for an incapacitated adult is generally responsible for making decisions regarding the ward’s welfare, health, education, care, and support, as well as having custody of the ward, deciding where they will live, and complying with any reporting requirements established by the court. Guardianships may be unlimited, limited, emergency, or temporary depending on the circumstances. A conservator may be appointed to manage an incapacitated adult’s financial affairs. A guardian of a minor in Hawaii has the same general responsibilities and duties that a parent has with regard to the child in terms of ensuring the minor’s health, safety, welfare, and education. A conservator may be appointed to manage a minor’s financial affairs. A guardianship of an incapacitated adult may be terminated under circumstances including the death of the ward or a finding by the court that the guardianship is no longer necessary or should be modified. A guardianship of a minor may be terminated upon the minor’s emancipation, adoption, death, or reaching the age of majority. A court may also terminate the guardianship upon application if it would be in the minor’s best interest.

Hawaii Guardianship Forms and Resources

Hawaii Guardianship Forms, US Legal Forms ($)

Idaho

Who can be a guardian for an adult: Any competent person or suitable institution may serve as a guardian for an incapcitated adult, subject to the following general order of preference: the person designated by the ward unless it is against their best interest; the individual named as the ward’s health care agent; the ward’s spouse, adult child, parent, or person nominated by their deceased parent in a will or other signed writing; a relative the ward has lived with for at least six months before the guardianship petition was filed; or a person nominated by the ward’s caregiver. A guardian cannot have been convicted of a felony, and is subject to a criminal background check.
Who can be a guardian for a minor: Any person that the court believes would protect the minor’s best interests may serve as their guardian. The court will appoint a guardian chosen by the minor if the child is 14 or older, unless the appointment would be against the minor’s best interests.
Bond requirements: A conservator responsible for a ward’s property may be required to file a bond in an amount roughly proportional to the value of the estate.

A guardian in Idaho for an incapcitated adult is generally responsible for ensuring that the ward is cared for with regard to food, clothing, medical treatment, living arrangements, and transportation. Emergency and limited guardianships are available depending on the circumstances. A guardian for a minor will exercise the same rights and responsibilities toward the child that a parent would, and is charged with facilitating the minor’s education, medical treatment, support, and care. A guardian must also comply with any reporting requirements imposed by the court. A conservator may be appointed to manage a ward’s finances unless they are minimal, in which case a guardian may handle them. A guardianship may end under circumstances including the death of the ward, the ward turning 18, the ward’s recovery from incapacity, resignation of the guardian, or any interested party petitioning the court to terminate the guardianship.

Idaho Guardianship Forms and Resources

Forms - Guardianship & Conservatorship, State of Idaho Judicial Branch

Illinois

Who can be a guardian for an adult: In general, any adult US resident who is of sound mind, who does not have a legal disability or felony conviction, and who is equipped to provide suitable care can serve as a guardian for a disabled adult in Illinois. A public or private agency may serve as a guardian unless it is providing residential services to the protected person.
Who can be a guardian for a minor: In general, any adult US resident who is of sound mind, who does not have a legal disability or felony conviction, and is equipped to provide suitable care can serve as a guardian for a minor in Illinois.
Bond requirements: The court is likely to require the guardian of an estate to file a bond in an amount dictated by the size of the estate; bond requirements are often waived in cases involving only the guardianship of a person.

The basic responsibilities of a guardian in Illinois for a disabled adult include overseeing the ward’s personal care, medical treatment, and living arrangements, and fulfilling any reporting requirements set up by the court. A guardianship may be plenary, limited, or temporary depending on the situation. A guardian of a disabled adult’s estate is responsible for managing the ward’s finances, property, and legal affairs, as well as complying with any reporting requirements imposed by the court. A guardian of a minor is responsible for the care, support, health, and education of the child. If the minor has more than $5,000 in assets from sources such as an inheritance or personal injury lawsuit award, the minor will need a guardian for their estate. A guardianship may end under circumstances including the death of the ward or guardian, restoration of a disabled ward’s rights, resignation of the guardian, removal of the guardian, a minor guardian reaching the age of 18, or termination of the guardianship by the court for other reasons.

Illinois Guardianship Forms and Resources

Indiana

Who can be a guardian for an adult: Almost any capable person may serve as a guardian for an incapacitated adult in Indiana, subject to judicial discretion and the following general order of priority: someone designated in a durable power of attorney; the spouse of an incapacitated person; the adult child of an incapacitated person; the parent of an incapacitated person or someone named by a deceased parent in a will or other signed writing; anyone related to the incapacitated person by blood or marriage and with whom the incapacitated person has lived for at least six months prior to the guardianship petition being filed; and a person nominated by the incapacitated person’s caregiver. The court will also consider factors including the preferences of the incapacitated person, the relationship between a proposed guardian and the incapacitated person, and what would be in the incapacitated person’s best interests. A government agency or corporation can also serve as a guardian.
Who can be a guardian for a minor: Almost any capable person may serve as a guardian for a minor in Indiana, subject to judicial discretion and the following general order of priority: a minor’s parent, de facto custodian, or person nominated in the will of a minor’s deceased parent or de facto custodian, or in the power of attorney of a living parent or de facto custodian. The court will also consider factors including the preferences of a minor over the age of 14, the relationship between a proposed guardian and the minor, and what would be in the minor’s best interests.
Bond requirements: A guardian will generally be responsible for filing a bond that is dictated by the amount of the incapacitated person or minor’s assets unless the court finds it to be unnecessary.

A guardian in Indiana for an incapacited person is generally responsible for that person’s care, support, medical treatment, living arrangements, and welfare. A guardian must also comply with any reporting requirements set forth by the court. A guardianship may be limited, as well as temporary or permanent. In addition to a guardianship of the person, a court may appoint a guardian of the estate to manage an incapacitated person’s finances and assets. A guardian of a minor is responsible for facilitating the child’s education, health care, support, and welfare in the same manner that a parent would. Circumstances under which a guardianship may end include the death of the incapacitated person, a finding that the protected person is no longer incapacitated or that the guardianship is otherwise unnecessary, the resignation of the guardian, or a minor ward reaching the age of majority.

Indiana Guardianship Forms and Resources

Iowa

Who can be a guardian for an adult: In general, any adult resident of Iowa (and sometimes a non-resident) who has not been declared incompetent can serve as a guardian. Certain companies and nonprofits may also serve as guardians.
Who can be a guardian for a minor: In general, any adult resident of Iowa (and sometimes a non-resident) who has not been declared incompetent can serve as a guardian. A minor’s parents will usually be preferred to serve as guardians, as will a person nominated by a parent, or a person chosen by a minor who is 14 or older.
Bond requirements: Individual conservators must file a bond to protect estate assets unless the court orders otherwise.

The general responsibilities and duties of a guardian in Iowa for an adult protected person include making arrangements for the person’s care, shelter, medical treatment, transportation, and welfare. A conservator may be appointed to manage a protected person’s assets. A guardian for a minor in Iowa is responsible for establishing a plan for the child’s education, activities, health, payment of their expenses, and potentially facilitating visitation or communication with the minor’s parent(s) unless the court finds that the guardian can deny all visitation or communication. A guardianship may end under circumstances including the death of the protected person or minor, a finding by the court that the guardianship is no longer necessary, or a minor’s adoption, emancipation, or reaching the age of majority.

Iowa Guardianship Forms and Resources

Court Forms (Guardian & Conservator), Iowa Judicial Branch

Kansas

Who can be a guardian for an adult: In appointing a suitable guardian for an adult, the court will generally adhere to the following order of preference: a nominee named by the the respondent in a durable power of attorney; a natural guardian’s nominee; the nominee of the respondent’s spouse, adult child, or other close family member; or the petitioner’s nominee. The court may also consider factors including a proposed guardian’s workload, potential conflicts of interest, and whether the proposed guardian is likely to be supportive of the respondent’s religious beliefs. A proposed guardian who provides care for or works for an entity that provides care for the respondent may only be appointed if they are related to the respondent and other circumstances apply. Corporations that meet certain criteria may also serve as guardians.
Who can be a guardian for a minor: In appointing a suitable guardian for a minor, the court will generally adhere to the following order of preference: a natural guardian’s nominee; the nominee of a minor ward who is 14 or older; or the petitioner’s nominee. The court may also consider factors including a proposed guardian’s workload, potential conflicts of interest, and whether the proposed guardian is likely to be supportive of the respondent’s religious beliefs. A proposed guardian who provides care for or works for an entity that provides care for the respondent may only be appointed if they are related to the respondent and other circumstances apply. Corporations that meet certain criteria may also serve as guardians.
Bond requirements: A conservator will generally be responsible for filing a bond that is dictated by the amount of the property to be managed, though the court may waive the bond requirement under certain circumstances.

A guardian in Kansas for an adult is generally required to arrange for the ward’s care, housing, education, medical treatment, and maintenance. A guardian for a minor is responsible for having custody and control of the child, and for overseeing the minor’s education, health care, housing, support, and maintenance. Guardians must comply with any reporting requirements established by the court. A conservator may be appointed to manage a ward or minor’s property or finances if there are more substantial assets to manage. A guardianship may end under circumstances including the death of the ward or minor, a minor turning 18, or a finding by the court that the guardianship is no longer needed.

Kansas Guardianship Forms and Resources

Kansas Guardianship Forms, US Legal Forms ($)

Kentucky

Who can be a guardian for an adult: A court may appoint any suitable person or entity with the capability of facilitating an active guardianship to serve as a guardian for a disabled person. In appointing a guardian, the court will take into consideration the respondent’s preferences as to who should be appointed, but ultimately will appoint the person best qualified and willing to take on the role. The court will also consider the following factors when evaluating a proposed guardian’s fitness to serve: kinship to the respondent; business experience and education of the proposed guardian; and ability to manage finances and other guardianship duties. The Cabinet for Health and Family Services may be appointed as a guardian if no other suitable entity or person is available.
Who can be a guardian for a minor: The court may appoint any person or entity who would act in the minor’s best interest, factoring in the proposed guardian’s ability to preserve and manage the minor’s estate, as well as the nomination of a guardian by a deceased parent via will, and the preferences of a minor who is 14 or older.
Bond requirements: Guardians and conservators may be required to file a bond except in cases involving limited guardianship, appointment by will, and maintenance of estate assets in a restricted account.

A guardian in Kentucky for a diabled person will generally be responsible for overseeing the ward’s care, comfort, support, medical treatment, education, and living arrangements. Guardianships may be unlimited or limited, and a conservator may be appointed to manage a ward’s finances. A guardian of a minor will generally have the same powers and duties with respect to the ward that a parent has with regard to a child, including providing for the minor’s education, health, and welfare, as well as managing the ward’s finances to the extent necessary unless a conservator has been appointed. A guardianship in Kentucky may be terminated under circumstances including the death of the ward, removal of the guardian, a minor ward reaching the age of majority, or the court otherwise ordering the termination of the guardianship.

Kentucky Guardianship Forms and Resources

Legal Forms (Guardian/Conservator & Probate), Kentucky Court of Justice

Louisiana

Who can be a guardian for an adult: A court may appoint a guardian, known as a curator in Louisiana, on the basis of who may be able to best fulfill the responsibilities associated with that role, and will evaluate prospective curators in the following order of priority: a person nominated by the defendant in a signed writing at a time when the defendant had the capacity to make such a designation; the defendant’s spouse, adult child, or parent; a person with whom the defendant has lived for more than six months before the filing; and any other person. A curator must be a competent adult, and generally must be a resident of Louisiana. Absent a showing of good cause, a curator cannot have been convicted of a felony, be a person with a conflict of interest, or be someone who owns or works at a facility where the defendant receives care unless they are related to the defendant.
Who can be a guardian for a minor: A court may appoint a guardian for a minor, known as a tutor in Louisiana, under a tutorship by will, which involves appointing the person named in the will of the last surviving parent; a legal tutorship, which occurs when both parents are deceased and the court appoints a relative to care for the minor; or a dative tutorship, which may occur when the court appoints a person who is unrelated to the minor because no relatives are available to serve in that role. In general, a tutor must be a competent adult who has not been convicted of a felony, who does not have a conflict of interest with the minor, and who has not been proven to be unfit to serve as a tutor.
Bond requirements: A curator must generally post security with the court, and a tutor must generally post security equivalent to what the minor owns.

A curator in Louisiana has the authority to make decisions on behalf of someone who lacks the capacity to do so, known as an interdicted person in Louisiana. Generally speaking, this involves making decisions regarding the interdicted person’s living arrangements, medical care, finances, and legal rights. An interdiction may be full or partial depending on the degree of the interdicted person’s needs. An interdiction can be revoked under circumstances including a showing that it is no longer necessary because the interdicted person can care for themselves. A tutor in Louisiana is generally responsible for the custody and care of a minor, including the child’s education, health care, and managing the child’s property if any. A tutorship may be terminated under circumstances including the resignation or removal of the tutor, or the minor reaching the age of 18.

Louisiana Guardianship Forms and Resources

Maine

Who can be a guardian for an adult: If an adult in need of a guardian has not already designated someone for that role via a power of attorney or other writing, the court will generally appoint a guardian based on the following order of priority: a spouse or domestic partner; an adult child; a parent or someone named by a deceased parent in a will or other signed writing; a person who served as a guardian or custodian of the incapacitated person during their minority; a relative with whom the incapacitated person has lived for six months prior to the petition for guardianship being filed; and a person nominated by someone providing care to the incapacitated person. No owner, operator, or employee of a facility where the incapacitated person is receiving care may serve as their guardian unless they are a relative. A state agency may be appointed as a person’s guardian if no relatives or friends are available.
Who can be a guardian for a minor: The court may appoint a guardian for a minor if it determines that the appointment will be in the minor’s best interest. A person named by a minor’s parent will generally have priority in terms of the appointment, though a minor who is 14 or older can object to the nomination.
Bond requirements: A conservator for an estate valued above $50,000 will generally be required to file a bond that is dictated by the size of the estate, though this requirement may be modified in the court’s discretion; for smaller estates the court may or may not require a bond.

A guardian in Maine for an incapacitated person is generally responsible for that person’s care, comfort, medical treatment, living situation, education, and finances to some degree if a conservator has not been appointed. A guardianship may be full or limited depending on the circumstances. A minor’s guardian is responsible for the day-to-day care of the minor, including their education, health care, activities, and support. Guardianship for a minor may be temporary or permanent. A guardianship may end under circumstances including the removal or resignation of the guardian, the death of the ward or guardian, or a minor ward turning 18, being adopted, getting married, or becoming emancipated.

Maine Guardianship Forms and Resources

Maryland

Who can be a guardian for an adult: Any qualified person can serve as a guardian for an adult in Maryland, subject to a statutory order of priority, which may be overcome for good cause. This is the statutory order of priority: a fiduciary appointed by a court in another jurisdiction in which the ward resides; someone nominated by the ward, if they are at least 16 and have sufficient capacity; a health care agent appointed by the ward; the ward’s spouse; a parent of the ward; someone nominated by the will of a ward’s deceased parent; a child of the ward; any adult who would be an heir of the ward if they died; someone nominated by a person caring for the ward; anyone else considered appropriate by the court; and certain government officials.
Who can be a guardian for a minor: Any qualified person can serve as a guardian for a minor, as long as the court finds that they will act in the minor’s best interests. The same statutory order of priority applies as above.
Bond requirements: A bond requirement applies only to a guardian who will manage the ward’s finances. The amount is based on the total amount of the ward’s estate, including the value of any real estate.

The responsibilities of a guardian in Maryland generally involve the powers necessary to provide for the demonstrated needs of the ward. These may include making health care decisions, providing for the care and comfort of the ward, arranging for the education of the ward, deciding where the ward lives, making legal decisions for the ward, and managing the ward’s personal effects. A guardianship may end if the guardian or ward dies, if the disability that made the guardianship necessary ends, if the court terminates the guardianship because the guardian is not fulfilling their obligations, or if a minor ward turns 18, among other situations.

Maryland Guardianship Forms and Resources

Guardianship Forms, Maryland Courts

Massachusetts

Who can be a guardian for an adult: Any person who is not currently under investigation for neglect of the ward and who does not have charges pending for causing a serious injury to the ward can be a guardian.
Who can be a guardian for a minor: Any person who is at least 18, lives in the US, and does not have a criminal record for child abuse or neglect can be a guardian. The appointment of the guardian must be in the best interests of the child. If the child is over 14, the court will appoint a person chosen by the child, unless that is not in the child’s best interests.
Bond requirements: A guardian may need to post a bond that is based on the estimated value of the incapacitated person’s real estate and personal estate. The amount of the bond may be reduced in many cases.

The responsibilities of a guardian in Massachusetts involve acting in the best interests of the incapacitated person or minor, taking into consideration their desires and personal values. For example, the guardian may arrange for the ward to live in a safe environment, ensure that they obtain appropriate medical care, handle financial matters on their behalf (if they are also serving as a conservator), ensure their access to necessities such as food and clothing, and take care of their personal effects. A guardianship may end if the court removes the guardian, if the guardian or the ward dies, if the guardian resigns from their duties, if an incapacitated person regains capacity, or if a minor becomes an adult.

Massachusetts Guardianship Forms and Resources

Michigan

Who can be a guardian for an adult: Any competent person may be appointed as a guardian as long as they are over 18 years old and are suitable and willing to serve as a guardian. However, Michigan generally follows a statutory order of priority: a guardian appointed in another state for the ward; a person nominated by the ward; a person nominated in the ward’s durable power of attorney; a person nominated by the ward as a patient advocate; and a professional guardian if nobody in the categories above is suitable.
Who can be a guardian for a minor: Any person who serves the minor’s welfare, including a professional guardian, may be appointed. If the minor is 14 or older, the court must appoint a guardian nominated by the minor unless this would be contrary to the minor’s welfare. A court also will give substantial deference to the nomination of a guardian by a parent in a will or a similar signed and witnessed statement.
Bond requirements: A guardian may be required to post a bond in an amount set by the court if they are also a conservator, which means that they will be managing the ward’s finances.

The responsibilities of a guardian in Michigan involve the care, custody, and supervision of the incapacitated adult or minor. This may include handling their health care needs, obtaining proper food and clothing, managing their property (if they are also a conservator), taking care of their personal belongings, and arranging for an appropriate place for them to live. A guardianship may end when the ward or another interested person petitions the court to terminate or modify the guardianship, when the ward or the guardian dies, when the guardianship is no longer needed, or when the guardian resigns from their duties. A guardianship of a minor also may end when the minor is adopted, marries, or becomes an adult.

Michigan Guardianship Forms and Resources

Forms for Guardianships and Conservatorships, Michigan Courts

Minnesota

Who can be a guardian for an adult: The statutory order of priority for who the court will appoint is as follows: a currently serving guardian; a health care agent appointed in a health care directive; the spouse of the ward or a person nominated in a will or other signed writing of the spouse; an adult child of the ward; a parent of the ward or a person nominated in a will or another signed writing of the parent; an adult who has lived with the ward for more than six months before filing the petition; any relative of the ward; and any other adult or professional guardian. The court may deviate from this order of priority if it is in the best interests of the ward.
Who can be a guardian for a minor: Any competent person can be a guardian upon being appointed by a parent, designated as a standby guardian, or appointed by a court based on the minor’s best interests. If the minor is at least 14 years old, the court must appoint a guardian nominated by the minor unless this would be contrary to the minor’s best interests.
Bond requirements: A court may require a guardian who will be managing the ward’s finances (known as a conservator) to post a bond, but the court has discretion to waive the bond.

The responsibilities of a guardian in Minnesota may include arranging health care for the ward, providing for the ward’s living accommodations, ensuring the care and comfort of the ward, handling certain legal matters on the ward’s behalf, and (if they are also a conservator) managing the ward’s finances. A guardianship may be terminated if the ward or guardian dies, if a court terminates the guardianship based on the guardian’s misconduct, if the guardian resigns from their duties, or if an incapacitated ward regains capacity, such that the guardianship is no longer needed. A guardianship of a minor may end if the minor turns 18 or is emancipated.

Minnesota Guardianship Forms and Resources

Guardianship / Conservatorship Forms, Minnesota Judicial Branch

Mississippi

Who can be a guardian for an adult: A court will appoint a guardian for an adult after considering their relationship with the ward, their skills, the wishes of the ward, the values and preferences of the ward, the likelihood that the individual can perform the duties of a guardian, and any designation in an instrument such as a will, durable power of attorney, or health care directive. A paid caregiver generally cannot be a guardian.
Who can be a guardian for a minor: Any competent person can be a guardian if the court determines after an investigation that this is in the best interests of the minor. A parent also can nominate a guardian for a minor in a will. A court must appoint a guardian who is nominated by a minor who is at least 14 unless this would not be in the minor’s best interests.
Bond requirements: A court may require a guardian to post a bond if they are also serving as a conservator, meaning that they will manage the ward’s finances, but this requirement may be waived in some cases.

The responsibilities of a guardian in Mississippi may include providing for the care and comfort of the ward, ensuring that they have a safe place to live, handling health care issues on their behalf, and (if they are also a conservator) managing their property. A guardian may exercise additional powers upon getting permission from a court. A guardianship may end upon the death of the guardian or the ward, upon the resignation of the guardian, upon the end of an adult ward’s incapacity, upon a court order removing the guardian, or upon a minor ward becoming an adult.

Mississippi Guardianship Forms and Resources

Mississippi Guardianship Forms, US Legal Forms ($)

Missouri

Who can be a guardian for an adult: A court has significant discretion in choosing a guardian, but it must consider the suitability of certain people if they are willing to serve. These include (in order) a person nominated by the ward at the guardianship hearing, a person previously nominated by the ward in a witnessed document, and any close adult relative of the ward.
Who can be a guardian for a minor: A person appointed by the will of a parent can serve as a guardian, unless they are unfit. Alternatively, a court can appoint any person to serve as a guardian if their appointment would be in the child’s best interests. If the child is over 14 and has no parents, they can choose their own guardian unless this would not be in their best interests.
Bond requirements: A court may require a guardian who will be managing the ward’s finances (also known as a conservator) to file a bond that is at least equal to the estimated value of the personal estate and anticipated income of the ward during the ensuing year. An additional bond may be required later.

The responsibilities of a guardian in Missouri may include providing for the safety and comfort of the ward, ensuring that their medical needs are met, providing an appropriate place for them to live, taking care of their finances and property (if they are also a conservator), and arranging for their education if applicable. A guardianship may end when the ward or guardian dies, when the guardian resigns, or when the court orders the termination of the guardianship. A guardianship of a minor may end when they turn 18, and a guardianship of an adult may end when they recover from their incapacitating condition.

Missouri Guardianship Forms and Resources

Missouri Guardianship Forms, US Legal Forms ($)

Montana

Who can be a guardian for an adult: A court can select any person who is qualified and willing to serve. Montana law provides a non-binding order of priorities: a person nominated by the ward if they have capacity to make an intelligent choice; the ward’s spouse; an adult child of the ward; a parent of the ward; a relative of the ward who has lived with them for more than six months before filing the petition; a relative or friend who has shown a sincere, long-standing interest in the ward’s welfare; a guardianship program run by a private association or nonprofit corporation; and a person who is nominated by someone who is caring for the ward or paying benefits to the ward. People who are not qualified include paid service providers and creditors.
Who can be a guardian for a minor: A court may appoint any person whose appointment would be in the best interests of the minor, giving priority to a guardian nominated by a parent. The court must appoint a guardian who is nominated by a minor who is at least 14 unless their appointment would not be in the minor’s best interests.
Bond requirements: A court has discretion to require a conservator (a guardian of the ward’s property) to file a bond. This is usually at least equal to the estimated value of the personal estate and anticipated income of the ward during the ensuing year.

The responsibilities of a guardian in Montana may include deciding where the ward will live, managing the property of the ward (if they are also a conservator), arranging for health care for the ward, handling contracts and other legal matters on the ward’s behalf, and generally providing for the safety and comfort of the ward. A guardianship may end in situations such as when a guardian resigns, when a guardian is removed by the court, when the ward or the guardian dies, when an incapacitated ward regains capacity to manage their own affairs, or when a minor ward becomes an adult.

Montana Guardianship Forms and Resources

Guardianship and Conservatorship Forms, Montana Judicial Branch

Nebraska

Who can be a guardian for an adult: Any suitable person may be appointed as a guardian as long as they would serve the best interests of the ward. Direct relatives are favored, and the court must hear any preferences stated by the ward. This is the statutory order of priority: a person nominated by the ward, acting under a power of attorney on the ward’s behalf, or nominated by an attorney in fact under a power of attorney; the spouse of the ward; an adult child of the ward; a parent of the ward; any relative of the ward who has lived with them for more than six months before filing the petition; a person nominated by someone who is caring for the ward or paying benefits to them; and a public guardian.
Who can be a guardian for a minor: A court may appoint any person who would serve the minor’s best interests, giving priority to a person nominated by a parent.
Bond requirements: A court may require a guardian to post a bond that is at least equal to the value of the personal property in the ward’s estate under the guardian’s control, plus one year of the ward’s estimated income. A court may waive or reduce the bond for good cause.

The responsibilities of a guardian in Nebraska may include providing a safe place for a ward to live, ensuring that they receive appropriate food and clothing, handling their health care needs, arranging for any appropriate education, and managing their finances. A guardian will need to file certain reports with a court to demonstrate their compliance with their duties. A guardianship may end when the ward or guardian dies, when a court orders the guardianship to end, when a minor ward turns 19 or is emancipated, or when an adult ward recovers from the incapacitating condition that required the guardianship, among other situations.

Nebraska Guardianship Forms and Resources

Guardianship and Conservatorship Forms, Nebraska Judicial Branch

Nevada

Who can be a guardian for an adult: A guardian for an adult (also known as a conservator) must be a competent adult, with priority given to a person who is nominated by the ward. If the ward has not nominated anyone, a close relative of the ward will receive priority. In determining whether a person will be an appropriate guardian, the court will consider their health, their ability to provide for the ward’s basic needs, any criminal record, any history of substance abuse, and any history of child abuse or neglect or domestic violence, among other factors.
Who can be a guardian for a minor: A court can appoint any competent adult who will serve the best interests of the child, with priority given to a relative of the child. It will consider the factors discussed above in determining whether a person will be an appropriate guardian.
Bond requirements: A guardian or conservator must file a bond in the amount that the court deems necessary to ensure that they will perform their duties in good faith.

The responsibilities of a guardian or conservator in Nevada may include arranging for the medical needs of the ward, providing an appropriate residence for the ward, meeting basic needs related to food and clothing, handling legal matters for the ward, and managing the ward’s property according to their best interests. A guardian of a minor ward will need to arrange for their education as well. A guardianship or conservatorship may end if the arrangement is no longer needed; this happens when a formerly incapacitated adult regains capacity, or when a minor becomes an adult. A guardianship or conservatorship also may end if the guardian or conservator resigns from their role, if the ward or the guardian or conservator dies, or if a court determines that the guardian or conservator is no longer fit to serve.

Nevada Guardianship Forms and Resources

Guardianship Forms, Nevada Self-Help Center

New Hampshire

Who can be a guardian for an adult: Any person may be appointed as a guardian if they are competent, willing, and without any conflict of interest with the ward. A ward can indicate certain people whom they do not want to serve as a guardian, but this preference is not decisive. The court must review the criminal record of any proposed guardian and may investigate whether they have any history of abuse or neglect. If the ward has no family or friends who are able and willing to serve, they can request the appointment of a public guardian.
Who can be a guardian for a minor: A court has broad discretion to appoint any person or authorized agency that is appropriate.
Bond requirements: Unless a court orders otherwise, a guardian who manages the ward’s finances must submit a bond that is equal to the value of the property of the ward’s estate under the guardian’s control, in addition to one year of anticipated income, subject to certain deductions.

The responsibilities of a guardian in New Hampshire may include providing the ward with a safe and appropriate place to live, ensuring that their health care needs are met, taking care of their personal effects, managing their property, and signing contracts and handling other legal matters on their behalf. A guardianship may end when an adult ward is no longer incapacitated, when a minor ward turns 18 or is emancipated or adopted, when the ward or the guardian dies, when the guardian resigns from their duties, or when a court determines that the guardian’s authority should be revoked.

New Hampshire Guardianship Forms and Resources

Guardianship Forms, New Hampshire Judicial Branch

New Jersey

Who can be a guardian for an adult: A guardian may be a family member, another person involved in the ward’s life, or an agency such as the Bureau of Guardianship Services. In some cases, a court may appoint co-guardians.
Who can be a guardian for a minor: The same rules apply as above. In addition, a caregiver for a child (who is not necessarily related to the child) may apply for a related status known as a kinship legal guardianship.
Bond requirements: A court has discretion to require a guardian to post a bond if it deems this necessary to ensure that the guardian performs their duties to the best of their ability.

The responsibilities of a guardian in New Jersey may include ensuring that the daily needs of the ward are met, including access to health care, food, clothing, and a safe place to live. A guardian also may be appointed as a conservator, which means that they manage the ward’s property and finances. A guardianship may end when a minor ward becomes an adult, when an incapacitated ward recovers from their incapacitating condition, when the ward or the guardian dies, when the guardian resigns from their role, or when a court orders the guardianship to be terminated because the guardian is not performing their duties.

New Jersey Guardianship Forms and Resources

New Mexico

Who can be a guardian for an adult: Any competent person over the age of 18, or a properly registered corporation, can serve as a guardian if the court finds that this is in the best interests of the ward. There is a statutory order of priority: another guardian or fiduciary who has been previously appointed; a person who has been nominated by the ward; the ward’s spouse; an adult child of the ward; a parent of the ward or a person nominated by a deceased parent; a relative of the ward who has lived with them for more than six months before filing the petition; a person nominated by someone who is caring for the ward or paying benefits to them; and any other person.
Who can be a guardian for a minor: Any competent person over the age of 18 can serve as a guardian, with a preference usually given to the child’s family members. A criminal record may prevent a person from serving as a guardian.
Bond requirements: New Mexico imposes a bond requirement on conservators (guardians of the ward’s property) but not on guardians who do not have this authority. However, all guardians will need to keep financial records related to the ward for seven years and comply with any audits.

The responsibilities of a guardian in New Mexico may include ensuring that the ward has access to health care, they live in a safe and comfortable residence, they apply for appropriate government benefits, they receive any relevant education, and their personal effects are protected. If the guardian also has been appointed as a conservator, they will manage the ward’s finances as well. A guardianship may end when the ward or the guardian dies, when a court orders the guardianship to end, or when an incapacitated adult is no longer incapacitated, which makes the guardianship unnecessary. A guardianship of a minor may end when the minor becomes an adult.

New Mexico Guardianship Forms and Resources

New York

Who can be a guardian for an adult: Any US citizen or legal resident who is older than 18, or a corporation or a public agency, can serve as a guardian for an adult (sometimes known as a conservator). A person with a criminal record might not be allowed to serve as a guardian.
Who can be a guardian for a minor: The same requirements apply as above. A court likely will not allow a person with a serious criminal record or any history of child abuse or neglect to serve as a guardian.
Bond requirements: A guardian usually will need to post a bond if they manage the assets of the ward, although a judge may waive this requirement if the ward’s assets are limited. The judge will set the bond according to the value of the ward’s property and income. A bond is sometimes but not usually required if a guardian will not manage the ward’s assets.

The responsibilities of a guardian in New York may include ensuring the safety of the ward, providing an appropriate and comfortable place for them to live, making health care decisions on their behalf, handling legal matters for them, pursuing government benefits if applicable, and exercising their financial rights on their behalf. A guardianship may end when the court orders it to end, when the ward or the guardian dies, when the ward recovers from the disability that necessitated the guardianship, when a minor ward becomes an adult, or when the guardian resigns from their role, among other situations.

New York Guardianship Forms and Resources

Guardianship Forms, New York Courts

North Carolina

Who can be a guardian for an adult: Any competent adult or agency can serve as a guardian, as long as their appointment is in the ward’s best interests. A guardian nominated by a parent in their will receives first priority, followed in order by any other individual guardian, a corporation, and a public agent. A ward can request a certain guardian, but this preference is not decisive.
Who can be a guardian for a minor: Any competent adult can serve as a guardian of the person for a minor, as long as their appointment is in the minor’s best interests. A guardian of the minor’s estate can be either an individual or an entity. A court will give strong weight to any nomination of a guardian by a minor’s parent in their will.
Bond requirements: A guardian who will manage the ward’s finances must post a bond in an amount that the judge determines is appropriate to ensure that they comply with their duties. The bond amount sometimes may be reduced.

The responsibilities of a guardian in North Carolina may include ensuring that the ward receives any appropriate medical care, providing for the overall care and comfort of the ward, arranging for a safe place for the ward to live, and taking care of the ward’s personal effects. A guardian should involve the ward in making decisions to the extent possible and make sure that their decisions are congruent with the ward’s wishes and values. A guardianship may end when the ward or the guardian dies, when a court orders the guardianship to end, when the guardian resigns, when the disability that caused the need for the guardianship resolves, or when a minor ward becomes an adult.

North Carolina Guardianship Forms and Resources

Guardianship Legal Forms, North Carolina Department of Health and Human Services

North Dakota

Who can be a guardian for an adult: While any competent person or suitable entity can serve as a guardian, certain people receive priority. These are (in order): a person named in a durable power of attorney; a spouse; an adult child; a parent; a family member who has lived with the ward for at least six months; a volunteer agency; a government agency; and a person chosen by someone who has been caring for the ward or paying benefits to them.
Who can be a guardian for a minor: A court may appoint any person as a guardian whose appointment would serve the best interests of the minor. If a deceased parent of the child nominated a guardian in their will, that nomination will receive strong weight.
Bond requirements: A court has discretion to order a guardian who manages the ward’s finances (known as a conservator) to pay a bond, the size of which varies according to the size of the ward’s estate. Sometimes the bond is waived.

The responsibilities of a guardian in North Dakota may include providing a safe and appropriate place for the ward to live, making sure that the ward receives medical treatment as needed, handling financial matters on the ward’s behalf (if they are also a conservator), taking care of the ward’s personal effects, and pursuing government benefits for the ward if needed. A guardianship may end when an incapacitated ward regains their capacity, when a minor ward becomes an adult, when the ward or the guardian dies, or when a court orders the end of the guardianship based on the guardian’s unfitness, among other situations.

North Dakota Guardianship Forms and Resources

Ohio

Who can be a guardian for an adult: Any competent adult potentially can serve as a guardian, but people who have a criminal record or bad credit may face challenges in getting approved.
Who can be a guardian for a minor: Any competent adult potentially can serve as a guardian. However, a court likely will approve a nomination by the minor’s parent or by the minor if they are over 14, except for good cause.
Bond requirements: A guardian who manages the ward’s assets must file a bond, which must be worth at least two times the amount of the ward’s personal property plus annual income.

The responsibilities of a guardian in Ohio often include making arrangements for the ward’s health care, food, clothing, and living situation, as well as managing the ward’s property and handling any legal matters on their behalf. A guardianship may end in situations such as the death of the ward or the guardian, a court order terminating the guardianship, or the resignation of the guardian. A guardianship also may end when the need for the guardianship ends, such as when an adult with a disability regains the capacity to manage their affairs or when a child becomes an adult.

Ohio Guardianship Forms and Resources

Oklahoma

Who can be a guardian for an adult: Oklahoma imposes a statutory order of priority for determining who can serve as a guardian for an incapacitated adult. This is the order: a person nominated by the ward; a currently serving guardian appointed by another court; a person nominated by the will of another guardian; the ward’s spouse; an adult child of the ward; a parent of the ward; a sibling of the ward; and someone who has lived with the ward for more than six months if they are approved by the court.
Who can be a guardian for a minor: Any competent adult can serve as a guardian if their appointment is in the child’s best interests. If a child is 14 or older, they can nominate their choice of guardian, but a court is not required to approve their choice.
Bond requirements: A guardian generally will need to post a bond in an amount at least equal to the intangible personal property in the ward’s estate, although the court has discretion to set a different amount. Bond may be waived if the estate is small.

The responsibilities of a guardian in Oklahoma cover a broad range of matters related to a ward’s well-being. These may include the living conditions of the ward, the medical treatment that they receive, any legal matters, the management of their property, education for a minor ward, and basic daily needs such as food and clothing. A guardianship may end when an adult ward recovers from their disabling condition, or when a minor ward turns 18 or is emancipated. A guardianship also may end when a court orders its termination, when a guardian gets permission to resign, or when the ward or the guardian dies.

Oklahoma Guardianship Forms and Resources

Guardianship Forms and Materials, Oklahoma State Bar

Oregon

Who can be a guardian for an adult: Any competent adult can serve as a guardian, as long as they are qualified, suitable, and willing to serve. Priority is generally given to anyone whom the ward has nominated in an advance directive or a similar document.
Who can be a guardian for a minor: Any competent and qualified adult can serve as a guardian if their appointment would be in the minor’s best interests. Courts often try to appoint a family member as a guardian, but this is not required.
Bond requirements: A court may require a guardian to post a bond. The judge has discretion to decide whether this is necessary and how large the bond should be.

The responsibilities of a guardian in Oregon may include protecting the safety of the ward, carrying out their wishes to the extent possible, providing them with an appropriate place to live, arranging for medical care, taking care of their personal effects, and (if they are also a conservator) managing their financial affairs. A guardianship of a minor may end when the minor becomes an adult, while a guardianship of an adult may end when the incapacitating condition that required the guardianship resolves, such that the guardianship is no longer needed. A guardianship also may end if the ward or the guardian dies, if the guardian successfully petitions to resign their duties, or if the court determines that the guardian is no longer fit and terminates the guardianship.

Oregon Guardianship Forms and Resources

Oregon Guardianship Forms, US Legal Forms ($)

Pennsylvania

Who can be a guardian for an adult: Pennsylvania law has imposed the following order of priority: a person whom the ward has nominated in a power of attorney, advance directive, or similar document; the ward’s spouse; an adult child of the ward; a parent of the ward; someone nominated by a parent of the ward; an adult sibling; an adult grandchild; any other adult family member; an adult who knows of the ward’s preferences and values; and any other proposed guardian who is qualified. A court may deviate from this order of priority for good cause. Any proposed guardian must undergo a criminal background check.
Who can be a guardian for a minor: Any qualified individual or entity can serve as a guardian if their appointment would be in the child’s best interests. A court generally will approve a nomination of a guardian in the will of a child’s parent unless that person is unqualified.
Bond requirements: A bond is required if the guardian is also a conservator, meaning that they will have the authority to manage the assets of the ward. The court has discretion to set the amount of the bond, which will be based on the value of the ward’s property within the conservator’s control.

The responsibilities of a guardian in Pennsylvania usually extend to most daily matters in the ward’s life, including their living conditions, food, clothing, health care, education (if applicable), and recreation. A guardian also may need to manage the financial affairs of the ward if they are serving as a conservator. A guardianship may end when the ward or the guardian dies, the court terminates the guardianship, or the guardian resigns. Moreover, a guardianship of a minor may end when the minor becomes an adult, and a guardianship of an incapacitated adult may end if the adult regains the ability to handle their own affairs.

Pennsylvania Guardianship Forms and Resources

Pennsylvania Guardianship Forms, US Legal Forms ($)

Rhode Island

Who can be a guardian for an adult: Any individual or public or private agency can serve as a guardian. The court will review the criminal history of a proposed guardian and consider issues such as their ability to manage finances and their ability to meet the ward’s needs. The court must consider any preferences stated by the ward, although these are not decisive.
Who can be a guardian for a minor: A court has substantial discretion in appointing a guardian for a minor under 14. If a minor is 14 or older, they may nominate a guardian, but the court is not required to approve their choice. A parent may nominate a guardian for their child in a will, but the court still must determine whether they are qualified.
Bond requirements: A guardian must file a bond with the court, which has discretion to set the specific amount.

The responsibilities of a guardian in Rhode Island usually include ensuring that the ward receives proper medical care, lives in a safe and comfortable place, and has regular access to food and other necessities of life. A guardian of a minor must ensure that they receive an appropriate education. Some guardians will handle the legal and financial affairs of the ward. A guardianship may end when the court orders its termination, when the ward or the guardian dies, when the guardian resigns, or when the guardianship is no longer needed. This usually means that an adult ward is no longer incapacitated or that a minor ward has become an adult.

Rhode Island Guardianship Forms and Resources

Probate Forms, Rhode Island Secretary of State (guardianship forms near the bottom)

South Carolina

Who can be a guardian for an adult: A guardian must be qualified and suitable. A court uses the following order of priority in appointing a guardian: a person nominated by the ward; a person appointed in a power of attorney by the ward; the ward’s spouse; an adult child of the ward; a parent of the ward or a person nominated in a parent’s will; another relative of the ward; and someone who is nominated by a person who is caring for the ward or paying benefits to the ward. The court may deviate from this order of priority for good cause and in the best interests of the ward.
Who can be a guardian for a minor: A court has broad discretion to appoint a guardian who would serve the best interests of the child. Family members or other people who are already closely involved with the child are often more likely to be appointed than other potential guardians.
Bond requirements: A guardian who will manage the finances of the ward (known as a conservator) usually will need to post a bond in an amount determined by the court. A guardian who will not manage the ward’s finances generally will not need to post a bond.

The responsibilities of a guardian in South Carolina usually include securing health care for the ward, ensuring that the ward lives in a safe and comfortable environment, addressing nutritional and other daily needs of the ward, and taking care of the ward’s personal belongings. A guardian also may manage the ward’s finances if they are serving as a conservator. A guardianship may end when the need for the guardianship ends, such as when a minor becomes an adult or when an incapacitated adult regains capacity. A guardianship also may end when a court removes the guardian, when the guardian resigns, or when the ward or the guardian dies.

South Carolina Guardianship Forms and Resources

Probate Court Forms, South Carolina Judicial Branch (includes guardianship forms)

South Dakota

Who can be a guardian for an adult: Any adult who is qualified and willing to serve can be a guardian. They must pass a criminal background check. If no person is qualified and willing to serve, the South Dakota Department of Human Services may serve as a guardian.
Who can be a guardian for a minor: Any person or entity may be appointed as a guardian if their appointment would serve the minor’s best interests. A minor who is 14 or older can nominate a guardian, but their preference is not decisive. If the minor does not nominate a guardian, a court may appoint a guardian nominated in a parent’s will, but this is not required.
Bond requirements: A guardian will not need to post a bond if they are not serving as a conservator and managing the ward’s assets, unless good cause is shown.

The responsibilities of a guardian in South Dakota usually include protecting the security and well-being of the ward and ensuring that their daily needs are met. The guardian may need to arrange for the ward’s medical care, provide a safe place for them to live, handle financial matters on their behalf (if they are serving as a conservator), and address their educational needs. A guardianship may end if the court terminates it, or if the guardian decides to resign from their role. It also may end if the ward or the guardian dies, or if the reason for the guardianship no longer exists, such as when an adult recovers from an incapacitating condition or when a minor turns 18 or is otherwise emancipated.

South Dakota Guardianship Forms and Resources

South Dakota Guardianship Forms, US Legal Forms ($)

Tennessee

Who can be a guardian for an adult: A wide range of people can serve as a conservator (a guardian for an incapacitated adult), including a friend, an attorney, a social worker, a health care worker, a church member, or a public guardian. However, there is a general statutory order of priority: a person nominated in a writing signed by the ward; the ward’s spouse; a child of the ward; the closest relatives of the ward; and any other person.
Who can be a guardian for a minor: Anyone can serve as a guardian if their appointment is in the best interests of the minor. However, courts usually will follow a certain order of priority: a parent (generally not applicable); a person nominated in the will of a deceased parent; an adult sibling of the minor; the closest relatives of the minor; and any other persons.
Bond requirements: A guardian or conservator must file a bond in an amount not less than the estimated value of the personal estate and expected income of the ward during the ensuing year. An additional bond may be required later.

The responsibilities of a guardian or conservator in Tennessee usually involve providing the ward with care and comfort in the essential areas of life. This may include securing access to health care, deciding where the ward will live, providing a minor ward with access to education, managing the assets of the ward, ensuring their access to food and other essentials, and taking care of the ward’s personal belongings, among other things. A guardianship or conservatorship may end when there is no further need for it, such as when an incapacitated adult recovers from their disabling condition or when a child becomes an adult. A guardianship or conservatorship also may end if the court finds that the guardian or conservator is not performing their duties appropriately, if the guardian or conservator decides to end their role, or if the ward or the guardian or conservator dies.

Tennessee Guardianship Forms and Resources

Tennessee Guardianship Forms, US Legal Forms ($)

Texas

Who can be a guardian for an adult: Any adult can be a guardian, but a court usually will follow a statutory order of priority. This is the order: a person previously designated by the ward in a properly executed designation of guardian; a person designated by the last surviving parent of the ward in a properly executed designation of guardian; the ward’s spouse; the ward’s next of kin; and any non-relative. A potential guardian probably will not be appointed if they have certain criminal convictions or if they owe money to the ward.
Who can be a guardian for a minor: Anyone can be a guardian if their appointment serves the minor’s best interests, but a statutory order of priority usually applies in these situations. This is the order: a parent (generally not applicable); a person designated by the last surviving parent of the minor in a properly executed designation of guardian; the nearest ascendant in the direct line of the minor (such as a grandparent); the minor’s next of kin; and any non-relative.
Bond requirements: A guardian must post a bond in an amount set by the court as a guarantee that they will faithfully perform their duties. The bond requirement applies regardless of whether the guardian will manage the ward’s finances.

The responsibilities of a guardian in Texas generally involve providing for the safety, care, and comfort of the ward. This may include deciding the residence of the ward, securing health care and education, making arrangements to ensure that the ward regularly receives the necessities of life, handling legal matters for the ward, and managing the ward’s property in their best interests. A guardianship may end if the ward or the guardian dies, if the guardian resigns from their duties, or if a court issues an order terminating the guardianship due to the guardian’s misconduct. A guardianship also may end if there is no further need for it, such as when a minor becomes an adult or when an incapacitated person regains the capacity to manage their affairs.

Texas Guardianship Forms and Resources

Texas Guardianship Forms, US Legal Forms ($)

Utah

Who can be a guardian for an adult: Any competent person can serve as a guardian, but Utah provides a statutory order of priority. A court will follow this order unless there is good cause to deviate from it. This is the order: a person nominated by the ward; the ward’s spouse; an adult child of the ward; a parent of the ward; a person nominated by a deceased spouse of the ward; a person nominated by a deceased parent of the ward; any relative who has lived with the respondent for more than six months before filing the petition; any person nominated by someone who is caring for the ward or paying benefits to the ward; any competent person or suitable institution; the Office of Public Guardian; and a specialized care professional. There is a similar but slightly different order of priority if the guardian will be managing the finances of the ward. The main difference is that the highest priority goes to any person who already has been appointed by a court to manage the ward’s affairs, or to any person who has been nominated by a person who already has been appointed by a court to manage the ward’s affairs.
Who can be a guardian for a minor: Any adult can serve as a guardian for a minor if the court determines that they are a responsible person and will act in the minor’s best interests. If the minor is 14 or older, they can nominate a guardian, who will be appointed by the court unless this is not in their best interests.
Bond requirements: A guardian may need to post a bond to cover any harm that their mistakes cause to the ward, but this requirement is often waived.

The responsibilities of a guardian in Utah involve ensuring the care, comfort, and maintenance of the ward. This may include establishing their residence, providing for health care and daily necessities, arranging for education or training, taking care of their personal effects, and (if they are also serving as a conservator) managing their property. A guardianship may end when it is no longer needed, such as when a minor turns 18 or is otherwise emancipated, or when an adult recovers from their incapacitating condition. A guardianship also may end when the ward or the guardian dies, when the court issues an order terminating the guardianship, or when the guardian successfully petitions the court to resign from their duties.

Utah Guardianship Forms and Resources

Vermont

Who can be a guardian for an adult: A guardian must be a competent adult who is able to carry out the duties of the guardianship and who is willing to respect the wishes of the ward. They usually must pass a background check. The court also will consider factors such as any preferences of the ward, the relationship between the guardian and the ward, and any financial conflicts of interest.
Who can be a guardian for a minor: Anyone can serve as a guardian for a minor, including a non-relative, if their appointment would serve the best interests of the child. A parent can nominate a guardian for a child in their will, and a child who is 14 or older can nominate a guardian. A court still must review the nomination.
Bond requirements: A guardian generally must post a bond, although this requirement is sometimes waived. An additional bond may be required later.

The responsibilities of a guardian in Vermont may include establishing a safe and appropriate residence for the ward, helping obtain medical treatment for the ward, making decisions regarding the ward’s finances and property (if they are also serving as a conservator), ensuring that the ward has access to the necessities of life, handling legal matters for the ward, and pursuing government benefits for which the ward is eligible. A guardianship may end when the court terminates it due to misconduct by the guardian, when the guardian resigns from their duties, when the ward or the guardian dies, or when the guardianship is no longer necessary. This might happen if a minor ward becomes an adult, or if an adult ward regains the ability to handle the affairs managed by the guardian.

Vermont Guardianship Forms and Resources

Virginia

Who can be a guardian for an adult: A court can appoint anyone whom it deems competent and suitable, including the spouse of the ward. The court must give some deference to the wishes of the ward, but these are not decisive.
Who can be a guardian for a minor: A court can appoint anyone whom it deems competent and suitable. A minor who is 14 or older can nominate their own guardian, but a court can reject their nomination if it finds that the person is incompetent or unsuitable. If 30 days have not passed since the death of the minor’s last surviving parent, the nominated guardian must be related to the minor.
Bond requirements: A guardian of a minor must post a bond that is at least equal to the value of the assets in the minor’s estate that will come under their control. A guardian of an incapacitated adult also may need to post a bond at the court’s discretion.

The responsibilities of a guardian in Virginia may include securing health care for the ward, ensuring that they live in a safe and comfortable place, taking care of their personal belongings, handling legal matters on their behalf, and ensuring that they receive appropriate food, clothing, and other necessities. A guardian of a minor may need to help them obtain an appropriate education. A guardianship may end if the court terminates it based on misconduct by the guardian, or if the reason for the guardianship ends, such as when a disability resolves or when a child becomes an adult. A guardianship also may end upon the death of the guardian or the ward, or upon the guardian’s resignation from their duties.

Virginia Guardianship Forms and Resources

Guardianship & Conservatorship Forms, Virginia Access to Justice Commission

Washington

Who can be a guardian for an adult: A court will follow the statutory order of priority for appointing a guardian unless this would not serve the best interests of the ward. This is the order of priority: a guardian who is temporarily acting for the ward in another jurisdiction, except for a temporary or emergency guardian; a person whom the ward has nominated as a guardian; an agent whom the ward has appointed in a health care power of attorney; the ward’s spouse or domestic partner; any relative or other person who has shown special care and concern for the ward; and a certified professional guardian.
Who can be a guardian for a minor: A court will appoint a guardian nominated by a deceased parent of the minor unless this would not be in the best interests of the minor. If there is no such nomination, or if it is not in the minor’s best interests, the court will appoint a guardian nominated by the minor if the minor is 12 or older, unless this is not in the minor’s best interests. Otherwise, the court can appoint any person whose appointment is in the minor’s best interests.
Bond requirements: A guardian usually must post a bond in an amount determined by the court, although this requirement is sometimes waived.

The responsibilities of a guardian in Washington may include making health care decisions and obtaining medical treatment for the ward, overseeing the ward’s property, providing a safe place for the ward to live, taking care of the ward’s personal belongings, ensuring that the ward receives proper nutrition and other necessities, and acting on the ward’s behalf in legal matters. A guardianship may end if the ward or the guardian dies, if the court orders the guardianship to be terminated because the guardian is unfit, or if the guardian asks the court to release them from their duties. A guardianship also may end if an incapacitated adult regains the ability to manage the affairs handled by the guardian, or if a minor becomes an adult.

Washington Guardianship Forms and Resources

Guardianship Forms, Washington Courts

West Virginia

Who can be a guardian for an adult: A court can appoint any person who has the necessary ability, education, and background, and who is able to provide an active and suitable program of guardianship. Otherwise, a nonprofit licensed by the West Virginia Department of Health and Human Resources (DHHR) may serve as a guardian. Adult Protective Services at DHHR may serve as a guardian with respect to the ward’s personal matters, while the sheriff of the county where the petition was filed may serve as a guardian with respect to the ward’s estate.
Who can be a guardian for a minor: Any person who has a relationship with the minor and who is concerned for the minor’s well-being may serve as a guardian. This does not need to be a family member, although a court may be more likely to appoint a family member in situations involving young children who have suffered from abuse or neglect. If the minor is over 14, they can nominate a guardian, who must be appointed as long as they are suitable and appropriate.
Bond requirements: A guardian generally must post a bond in an amount determined by the court if they are also serving as a conservator, which means that they will be managing the ward’s estate and financial affairs.

The responsibilities of a guardian in West Virginia may include arranging an appropriate residence for the ward, managing the finances of the ward (if they are also serving as a conservator), ensuring that the ward has access to essential matters like food and clothing, and arranging for medical treatment for the ward. A guardianship may end if the need for the guardianship expires, which may happen if a minor becomes an adult or if an adult recovers from their incapacitating condition. Also, a guardianship may end if the ward or the guardian dies, if the guardian resigns from their duties, or if a court removes the guardian because they are unfit.

West Virginia Guardianship Forms and Resources

Wisconsin

Who can be a guardian for an adult: A court may appoint any qualified person as a guardian if their appointment would be in the best interests of the ward. The court will consider the preferences of the ward and their family members, but only to the extent that the preferences of the family members are congruent with the ward’s best interests. People who generally receive priority, unless their appointment would not be in the ward’s best interests, include an agent whom the ward named in a power of attorney, a guardian whom the ward nominated in another written instrument, or a parent who is able and willing to serve as a guardian.
Who can be a guardian for a minor: A court may appoint any qualified person as a guardian for a minor if their appointment would be in the best interests of the minor. The court will consider the preferences of the ward and their family members to the extent stated above. If a minor is 14 or older, they generally may nominate a guardian, who may be appointed by the court if neither parent is suitable and willing to serve as the minor’s guardian. A parent also can nominate a guardian for a child in their will, who will be approved unless this is not in the child’s best interests.
Bond requirements: A guardian may be required to post a bond in an amount determined by the court if they will be managing the ward’s estate (sometimes also known as a conservator), unless the court waives this requirement. A guardian will not be required to post a bond if they will not be managing the ward’s estate.

The responsibilities of a guardian in Wisconsin may include ensuring that the ward lives in safe and healthy surroundings, securing medical treatment for the ward, handling legal matters on behalf of the ward, taking care of the personal effects of the ward, and obtaining any necessary services for the ward. A guardianship may end when it is no longer needed, such as when a child turns 18 or is otherwise emancipated, or when an adult ward recovers from the condition that required the appointment of the guardian. A guardianship also may end when the ward or the guardian dies, when the guardian asks the court to relieve them of their duties, or when the court terminates the guardianship due to misconduct by the guardian.

Wisconsin Guardianship Forms and Resources

Guardianship Forms, Wisconsin Court System

Wyoming

Who can be a guardian for an adult: Any qualified adult can serve as a guardian, but a court generally will follow a statutory order of priority. This is the order: a person nominated by the ward if they were able to make a reasonably intelligent choice at the time; the ward’s spouse or a person nominated in the will of their deceased spouse; a parent of the ward; an adult child of the ward; a person named in the will of a ward’s deceased parent; a relative or friend who has had a long-standing interest in the ward’s welfare; any other person whose appointment would be in the ward’s best interests; and a guardianship program for incompetent persons. The court also must consider the best interests of the ward overall.
Who can be a guardian for a minor: A separate statutory order of priority applies to guardians for minors, although the court will not be bound by these priorities and will appoint the person who is most qualified and willing to serve. This is the order: a parent of the minor (generally not applicable); a person nominated as a guardian in the will of the minor’s custodial parent; if the minor is 14 or older, a person nominated by the minor; and any other person whose appointment would be in the best interests of the minor.
Bond requirements: A guardian may be required to file a bond in an amount specified by the court if they will be serving as a conservator, meaning that they will be managing the ward’s estate, but this is often not required. A guardian will not be required to post a bond if they will not be managing the ward’s estate, unless the court has good cause to find that this is in the ward’s best interests.

The responsibilities of a guardian in Wyoming may include making health care decisions and securing medical treatment for the ward, setting up a safe and comfortable residence for the ward, managing the ward’s financial affairs (if they are also serving as a conservator), helping the ward obtain the necessities of life, and taking any other actions that may be needed to promote the overall well-being of the ward. A guardianship may end when it is terminated by a court order, when the ward or the guardian dies, or when the guardian resigns from their duties. A guardianship of a minor may end when the minor becomes an adult, and a guardianship of an incapacitated adult may end when they regain the capacity to manage their affairs.

Wyoming Guardianship Forms and Resources

Last reviewed October 2022

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