Guardianship Resource Center

Guardianship Readiness Checklist

Filing for guardianship is easier, and less expensive, when you walk into that first attorney meeting prepared. Courts and attorneys need specific documentation to move a case forward, and gathering it in advance can save weeks of back-and-forth. This checklist walks through what to collect before you file, and what to expect once guardianship is granted.

Before You File: Medical Documentation

A recent evaluation from a physician, geriatrician, neurologist, or psychiatrist assessing cognitive capacity
A formal diagnosis, if one exists (Alzheimer’s, dementia, traumatic brain injury, etc.)
Records of any hospitalizations or medical events related to the capacity concern
A list of current medications and prescribing physicians
Notes on specific incidents that illustrate the capacity concern, dates, descriptions, and witnesses

Courts generally require an independent medical or psychological evaluation as part of the guardianship process itself, but having your own documentation ready helps your attorney build the case efficiently and gives the court-ordered evaluator useful context.

Before You File: Financial Documentation

A list of all bank accounts, investment accounts, and retirement accounts
Recent statements for each account
Real estate holdings and their approximate value
A list of recurring bills and obligations (mortgage, utilities, insurance)
Any outstanding debts
Documentation of any suspicious financial activity, unusual withdrawals, new authorized users, or signs of exploitation
Income sources (Social Security, pension, annuities) and their payment schedules
Existing insurance policies (health, life, long-term care)

Before You File: Legal Documents Already in Place

Any existing power of attorney (financial or healthcare)
Any healthcare surrogate designation or advance directive
Any existing will or trust documents
Marriage certificate or divorce decree, if relevant to the family structure
Identification documents (birth certificate, Social Security card, passport)

If any of these documents exist and are still valid, they may reduce or reshape what guardianship needs to cover. Our article Guardian vs. Power of Attorney: What’s the Difference? explains how these tools interact with a guardianship petition.

Before You File: Family and Personal Considerations

A list of immediate family members and their contact information, courts typically require notice to close relatives
A candid conversation with those family members about who is willing and able to serve as guardian
A decision about whether a family member, a professional guardian, or a combination of both (e.g., guardian of the person vs. guardian of the property) makes the most sense
Any known statements the individual made previously about their own wishes, for care, for finances, for who they’d want making decisions

If you’re weighing whether a family member or a professional guardian is the better fit, our article How to Choose a Professional Guardian covers the questions worth asking either way.

The Filing Steps

Consult an elder law or guardianship attorney to review your documentation and confirm your state’s specific requirements
File the petition for guardianship (or petition to determine incapacity, depending on your state’s terminology) with the appropriate court
Arrange for the court-ordered examination of the alleged incapacitated person
Confirm that the individual has been appointed independent legal representation, as most states require
Prepare for the hearing, your attorney will guide you on what documentation and testimony to bring
Attend the hearing, where the court will determine whether guardianship is warranted and define its scope

After Guardianship Is Granted: Ongoing Responsibilities

Guardianship doesn’t end at the hearing, it’s the start of an ongoing set of legal obligations. Once appointed, a guardian typically needs to:

File an initial inventory of assets (if guardian of the property) within a set period after appointment
Develop and file an initial care plan (if guardian of the person)
Maintain detailed financial records of all income and expenditures
File periodic accountings with the court, often annually, sometimes more frequently
Submit regular reports on the ward’s well-being and living situation
Seek court approval before major decisions (selling property, relocating the ward, certain medical procedures) if the guardianship order requires it
Keep family members informed, even when they aren’t legally entitled to decision-making authority
Petition the court for any modification if the ward’s needs or capacity change over time

A Note on Timing

Every item on this checklist is easier to gather calmly, in advance, than to assemble in a crisis. If your family is watching a parent or loved one decline and suspects guardianship may eventually be necessary, starting this checklist now, even before you’re certain you’ll need it, puts you in a far stronger position than starting from zero after an emergency forces the issue.

If you’re still trying to determine whether you’ve reached that point, our article Signs an Aging Parent May Need a Guardian outlines the specific warning signs worth watching for.

Family & Professional Guardianship

Provides useful information for individuals, families, and professional guardians, so that they can make informed decisions about the guardianship and care of their loved ones.

Guidance for Guardians

Are you navigating the fog of guardianship responsibilities? This book offers practical solutions grounded in laws and factual insights, ensuring you are never caught off guard.