| name | guardianship-petition |
| title | Petition for Guardianship |
| description | Drafts court-ready Petitions for Guardianship for US state courts, covering incapacity allegations, least-restrictive-alternative analysis, scope-of-authority requests, and statutory compliance. Use when drafting guardianship petitions, conservatorship filings, or petitions for appointment of guardian over incapacitated adults or minors. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/guardianship-petition |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | trusts-and-estates |
| language | en |
| tags | ["drafting","litigation","pleading"] |
Petition for Guardianship
Drafts a petition establishing legal guardianship over an incapacitated adult or minor, tailored to the filing jurisdiction's statutory framework.
Prerequisites
Collect before drafting:
- Jurisdiction — state, county, correct court division (probate, family, surrogate's)
- Parties — full legal names, DOBs, addresses, petitioner-ward relationship
- Medical evidence — physician certificates, capacity evaluations, functional assessments
- Financials — ward's assets, income, liabilities (if estate guardianship)
- Prior instruments — existing POAs, advance directives, representative payee arrangements, prior guardianship orders
- Notice list — all persons entitled to notice with names and addresses (spouse, parents, adult children, siblings, agencies)
Quick Start
- Identify jurisdiction and confirm court division
- Gather party information and medical evidence
- Draft petition sections in order below
- Attach all required exhibits
- Verify against jurisdiction-specific statutory requirements
Petition Sections
Draft using consecutively numbered paragraphs throughout.
1. Caption & Case Header
Format per local court rules. Include: full court name with division, case number (blank if unassigned), case title ("In the Matter of [Ward], An Alleged Incapacitated Person" or local convention), petitioner block, document title specifying person/estate scope.
2. Jurisdiction & Venue
- Cite state guardianship statute authorizing filing
- Allege ward's domicile/residence establishing venue
- Establish court's subject-matter jurisdiction
3. Petitioner's Standing
- Relationship to proposed ward
- Basis of knowledge of ward's condition
- Steps taken before seeking guardianship
- Qualifications to serve (or nomination of alternative)
- Conflict-of-interest disclosures
4. Ward's Circumstances
| Category | Required Detail |
|---|
| Personal | Age, living situation, daily care needs, social support |
| Medical | Diagnoses, functional limitations, cognitive status (reference attached physician certificate) |
| Financial | Assets, income, liabilities, current management (if estate guardianship) |
