The first step in the guardianship process commences with a petition of incapacity filed with the probate office at the courthouse. This petition states the need of the alleged incapacitated individual to be evaluated for capacity.
Once a petition is received, the court system will appoint three Examining Committee Members to evaluate the alleged incapacitated individual. Each Examining Committee Member evaluates the alleged incapacitated person on an individual level, then submits a report to the court system. In their report, the Examining Committee Members use their expert opinion to recommend a Plenary Guardian, a Limited Guardian, or that the alleged incapacitated are competent and do not need a guardian at all. During this time, the court systems provides an attorney for the alleged incapacitated person. At a final hearing later, the Judge will decide if the individual is incapacitated or not, and their need of a guardian.