An involuntary guardianship is when someone else asks the Probate Court to appoint a guardian for another person. The Probate Court can only appoint a guardian if the ward is either mentally ill or developmentally disabled.
The Court must find that the ward cannot take care of him or herself. The Court will order a mental evaluation of the proposed ward.
The Court will hold a hearing before a guardian is appointed. The Court will appoint an attorney to represent the proposed ward.
For more information and forms about involuntary guardianship, visit the Probate Court’s website.
Filing for Involuntary Guardianship
A friend, relative, social worker or anyone concerned about the proposed ward’s welfare may file in court for involuntary guardianship. They need to file court papers that explain how the proposed ward is mentally ill or developmentally disabled and how the proposed ward is not able to take care of him or herself.
The petitioner may request that someone other than the petitioner be named as guardian.
The petitioner must pay a $50 filing fee unless he or she is low-income and can have the fee paid for (waived) by the Court.