Adult guardianship is one of the most far-reaching civil legal interventions, affecting decisions regarding health care, housing, finances, and other fundamental rights. Yet, little is known about how these cases move through the courts, who is involved in the process, and how decisions are ultimately made.
Through the Adult Guardianship Research Project, the Legal Services Corporation is collecting and analyzing new data to better understand guardianship nationwide and to provide insights into how these cases are filed, decided, and overseen.
Guardianship begins as a legal case in civil court. While procedures differ across states, most cases follow a similar sequence: a petition to the court, an evaluation of capacity, a hearing before a judge, and, if guardianship is ordered, ongoing oversight.
Each stage introduces important safeguards. Courts must determine whether guardianship is necessary, whether less restrictive alternatives could meet the person’s needs, and what scope of authority is appropriate. Judges also weigh who is best suited to serve as guardian and how oversight should be carried out.
Understanding these steps is critical for examining how guardianship operates in practice and how courts balance the dual goals of protecting individuals and preserving their rights.
Petitioner: The person, family member, agency, or institution requesting guardianship. A petitioner may be referred to as the "plaintiff" or "applicant," depending on the state.
Respondent / Protected Person: The individual who may be placed under guardianship. If the order is granted, they are often referred to as the protected person.
Attorneys: They may represent the parties. In some states, the respondent has a right to an attorney in a guardianship case.
Investigators and examining committees: As required by state law to investigate, review evidence, and/or make recommendations to the court on the respondent’s capacity.
Other parties: Guardians ad litem, medical professionals, and expert witnesses may also play roles in the case.
Guardianship procedures vary across jurisdictions, and individual cases can follow different paths depending on the respondent’s circumstances, the petition’s scope, and court practices. Outlining the general stages of the process helps provide context for interpreting guardianship data and understanding how civil courts are involved in adult decision-making.
A petitioner (usually a person or agency) files a request asking the court to appoint a guardian, stating why the respondent is unable to manage personal or financial affairs.
The respondent (the person who may be placed under guardianship) must be formally notified.
While procedures vary by state, this step-by-step overview illustrates the core structure courts use to evaluate guardianship petitions and determine the scope of responsibility from filing to post-appointment oversight.
The Legal Services Corporation has launched the Adult Guardianship Research Project through its Civil Court Data Initiative, with support from the Administration for Community Living at HHS and other funders. This project tracks filings and decisions over time, examines representation and outcomes, and shares findings through briefs like this one.