A guardian or conservator may be appointed by a Probate Judge after a petition is filed in the Probate Court. The petition may be filed by anyone interested in the well being of the adult. When the petition is filed, a hearing will be scheduled. In addition, the Court may appoint a guardian ad litem to investigate the situation and make a recommendation to the Court prior to the hearing.
On the date of the hearing, the petitioner and anyone else who wants to take part in the hearing goes before the Judge and explains the need for a guardian or conservator. The Judge will decide whether to appoint a guardian and/or a conservator.
The person who is appointed guardian is required to file an Acceptance of Appointment. The person who is appointed conservator must also file an Acceptance of Appointment and may also be required to file a Bond to protect the adult’s assets. After filing the Acceptance of Appointment (and Bond, if required), Letters of Authority will be issued to the guardian or conservator. The Letters of Authority give the guardian or conservator the right to perform certain duties, unless the Court restricts their authority.