If an adult believes that another individual is lacking capacity to handle their own affairs due to a lack in mental or physical capacity, this individual with the assistance of an Attorney would file a petition of incapacity with the probate office at the courthouse. This petition simply states that they wish for the alleged incapacitated person be evaluated for capacity.
Once the petition is received, the court will appoint three Examining Committee Members to evaluate the alleged incapacitated person. These Examining Committee Members arrange to meet with the alleged incapacitated person individually to perform their evaluation. Upon the completion of their evaluation, they submit their report to the court. At the end of their report, they will make a recommendation stating that either the alleged incapacitated person is in need of a Plenary Guardian, a Limited Guardian or they do not lack capacity and are not in need of a guardian. The court also appoints an attorney to represent the interests of the alleged incapacitated person. A hearing will then be set. At the hearing, the Judge will make the final determination as to whether the person is deemed incapacitated and whether or not to appoint a Guardian.