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Adult Guardianship and Conservatorship

Reviewed by DocDraft Legal Team - United States - Last updated October 9, 2026

Adult guardianship is a court order appointing someone to make some or all decisions for an adult who can no longer make them, and no one gains that authority without a judge's appointment. States use different words for it: guardian of the person or of the estate, guardian of the property, or conservator, and California uses conservatorship for the whole adult process while Ohio uses conservatorship for a voluntary arrangement a competent adult sets up. The court must find incapacity under the state's own definition, usually by clear and convincing evidence, and many states require the judge to consider less restrictive alternatives such as powers of attorney, supported decision-making or a limited guardianship first. This guide explains the pattern the states share, compares California, Texas, Florida, New York and Ohio side by side with their citations, and points you to the state guide for the rules that govern an actual filing.

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How does a court decide an adult needs a guardian or conservator?

The petitioner must prove the adult meets the state's definition of incapacity, which usually looks at whether the person can meet basic needs such as food, health care and shelter, or manage money. In California, Texas, Florida, New York and Ohio the standard of proof is clear and convincing evidence, a higher bar than an ordinary civil case.

Which court handles adult guardianship, and is there an official petition form?

Each state assigns these cases to its own court: California's Superior Court, Florida's circuit court, New York's Supreme Court, Ohio's county probate court, and in Texas a county court, county court at law or statutory probate court. California and Ohio publish statewide petition forms; elsewhere ask the court clerk which papers to file.

Is a doctor's report or evaluation required for adult guardianship?

Usually some evaluation is required, but who performs it varies. Texas and Ohio expect the petitioner to file a physician's certificate or expert statement. Florida's court appoints a three-member examining committee, New York appoints a court evaluator and bars requiring medical information in the petition papers, and California uses a court investigator who reviews medical reports.

What rights does the adult have in a guardianship case?

The adult must receive notice of the petition, usually by personal service, and has the right to a hearing and to be present. Each state sets its own counsel rule: Texas and Florida always appoint a lawyer, while California, New York and Ohio appoint one in defined situations, such as when the person has no lawyer, asks for one, or is indigent.

Why the same family meets different guardianship rules in different states

Every state lets a court appoint someone for an adult who can no longer handle some or all of their own decisions, but the states differ on almost every step. The vocabulary changes first: California calls the adult process a conservatorship and reserves guardian for minors, Texas, Ohio and Florida speak of a guardian of the person and of the estate or property, and New York grants a single Article 81 guardian only the powers the person needs. The evidence changes next. Texas requires a physician's certificate based on an examination no earlier than the 120th day before filing, Ohio requires a physician's or clinical psychologist's Statement of Expert Evaluation completed before filing, Florida's court appoints its own three-member examining committee, New York appoints a court evaluator, and California sends a court investigator to interview the person. Counsel differs too: Texas and Florida appoint a lawyer for the person in every case, while California, New York and Ohio tie appointment to the person's situation. Notice runs from at least 15 days before the hearing in California to a seven-day minimum in Ohio, and emergency appointments last from 72 hours in Ohio, unless extended, to 90 days in Florida. Because the rule that controls a case is the one in the state where you file, use the comparison below to see the range, then read your state guide before preparing anything.

Relevant Laws

The functional incapacity test: New York Mental Hygiene Law 81.02

An example of a modern functional standard. The determination of incapacity must be based on clear and convincing evidence that the person is likely to suffer harm because the person is unable to provide for personal needs and/or property management, and cannot adequately understand and appreciate the nature and consequences of that inability. Any guardian receives only the powers that are necessary and that constitute the least restrictive form of intervention.

Findings before appointment: Texas Estates Code 1101.101

Before appointing a guardian, a Texas court must find by clear and convincing evidence that the proposed ward is an incapacitated person, and that alternatives to guardianship and available supports and services that would avoid the need for a guardian have been considered and determined not to be feasible. Under Estates Code 1101.103, the applicant must present a certificate from a physician licensed in Texas that is dated, and based on an examination performed, not earlier than the 120th day before the application is filed.

The person's rights and court evaluation: Florida Statutes 744.331

Florida shows how a state can place both counsel and the evaluation in the court's hands. The court shall appoint an attorney for each person alleged to be incapacitated in all cases involving a petition for adjudication of incapacity, and within 5 days after the petition is filed it appoints a three-member examining committee, one of whom must be a psychiatrist or other physician. Incapacity must be established by clear and convincing evidence, and the court may remove only the rights the person cannot exercise.

Official court forms and self-help: California Conservatorships

The California courts' self-help guide to probate conservatorships, with links to the Judicial Council forms adopted for mandatory use, including GC-310, Petition for Appointment of Probate Conservator, and GC-320, Citation for Conservatorship. Ohio similarly publishes Standard Probate Form 17.0, Application for Appointment of Guardian, with Form 17.1, Statement of Expert Evaluation; in Texas, Florida and New York, ask the court clerk which papers the court requires.

Regional Variances

Court and terms used

California

Superior Court, probate department. Conservator of the person, of the estate, or both; a limited conservator for a developmentally disabled adult. Guardian is used only for minors. Prob. Code 1800.3(a)(1); 1801(d); 2200.

Texas

County court, county court at law exercising probate jurisdiction, or statutory probate court, which has exclusive probate jurisdiction in counties that have one. Guardian of the person, of the estate, or both, with full or limited authority. Est. Code 1001.001(a); 32.005(a).

Florida

Circuit court. Guardian of the person, of the property, or both; plenary or limited guardian. Fla. Stat. 744.102(5), (9).

New York

Supreme Court, Surrogate's Court, or County Court. A single Article 81 guardian for personal needs and/or property management, with powers tailored to the person. Mental Hygiene Law 81.02(a); 81.03(a).

Ohio

Probate court of the county where the person resides or has a legal settlement. Guardian of the person, the estate, or both, of an incompetent, or a limited guardian. An Ohio conservatorship is a separate voluntary arrangement for a competent, physically infirm adult. R.C. 2111.02(A); 2111.021.

Petition form

California

Judicial Council form GC-310, Petition for Appointment of Probate Conservator, with confidential supplemental information on GC-312 and the citation on GC-320, all adopted for mandatory use. Prob. Code 1821(a).

Texas

Ask the county clerk or the probate court where you file which application format the court requires. Est. Code Title 3.

Florida

A verified petition to determine incapacity whose contents are set by statute, including whether the person uses supported decisionmaking. Ask the circuit clerk about local forms. Fla. Stat. 744.3201(2).

New York

A petition, an order to show cause and a request for judicial intervention, obtained from the clerk's office of the Supreme Court or County Court in the county where the person lives. Mental Hygiene Law 81.07; 81.08.

Ohio

Standard Probate Form 17.0, Application for Appointment of Guardian (an Alleged Incompetent), with Form 17.1, Statement of Expert Evaluation. Ask the probate court about any local requirements. Supreme Court of Ohio Guardianship Forms.

Incapacity standard and proof

California

Person: unable to provide properly for personal needs for physical health, food, clothing, or shelter. Estate: substantially unable to manage one's own financial resources or resist fraud or undue influence. Clear and convincing evidence. Prob. Code 1801(a), (b), (e).

Texas

An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter, care for their own physical health, or manage their own financial affairs, shown by recurring acts or occurrences in the preceding six months. Clear and convincing evidence. Est. Code 1002.017(2); 1101.101(a)(1); 1101.102.

Florida

Judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person. Clear and convincing evidence. Fla. Stat. 744.102(12); 744.331(5)(c).

New York

Likely to suffer harm because the person is unable to provide for personal needs and/or property management and cannot adequately understand and appreciate the nature and consequences of that inability. Clear and convincing evidence, burden on the petitioner. Mental Hygiene Law 81.02(b); 81.12(a).

Ohio

So mentally impaired, as a result of a mental or physical illness or disability, intellectual disability, or chronic substance abuse, that the person is incapable of taking proper care of self or property or fails to provide for those the person is legally charged to support. Clear and convincing evidence. R.C. 2111.01(D); 2111.02(C)(3).

Medical or evaluator report

California

A court investigator interviews the proposed conservatee, gathers medical reports from the primary care physician and other providers, and reports in writing at least five days before the hearing, then reviews at 6 months, 1 year and annually. Prob. Code 1826(a); 1850(a).

Texas

A certificate from a Texas-licensed physician, dated and based on an examination performed not earlier than the 120th day before the application is filed. A court investigator also looks into less restrictive alternatives. Est. Code 1101.103; 1054.151.

Florida

Within 5 days after filing, the court appoints a three-member examining committee, one a psychiatrist or other physician; each member reports within 15 days after appointment. If a majority finds no incapacity, the petition is dismissed. Fla. Stat. 744.331(3)(a), (e); 744.331(4).

New York

The court appoints a court evaluator when it issues the order to show cause, and the court shall not require that supporting papers contain medical information. Mental Hygiene Law 81.07(b)(3); 81.09(a).

Ohio

The application must be accompanied by a statement of a physician or clinical psychologist (Form 17.1, completed before filing) or a statement that the person refused an examination. A probate court investigator also reports. Sup.R. 8.31(A); R.C. 2111.041(A).

Notice and service

California

Citation and petition served on the proposed conservatee at least 15 days before the hearing, by personal service or notice and acknowledgment, or as the court authorizes; relatives get at least 15 days' notice, which the court may not shorten. Prob. Code 1822(a); 1824.

Texas

Citation personally served by the sheriff or other officer on the proposed ward, if 12 or older, and others. The court may not act until the Monday after a 10-day period beginning on the date of service. Est. Code 1051.103(a); 1051.106.

Florida

Notice and the petition must be served on and read to the alleged incapacitated person, and given to the person's attorney and next of kin. The hearing is held at least 10 days (waivable) and no more than 30 days after the last committee report is filed, unless good cause. Fla. Stat. 744.331(1), (5)(a).

New York

Order to show cause and petition personally delivered to the person not less than 14 days before the hearing, which is set no more than 28 days after the order is signed; the court may shorten the period for good cause. Mental Hygiene Law 81.07(b)(1), (e).

Ohio

No guardian may be appointed until at least seven days after written notice of the hearing is served, personally on the person by a probate court investigator, and on next of kin in Ohio. The person may not waive notice. R.C. 2111.04(A)(2), (C).

Right to counsel

California

If the person is not represented and does not plan to retain counsel, the court appoints the public defender or private counsel at or before the hearing; in a limited conservatorship, immediately. Prob. Code 1471(a)-(b).

Texas

The court shall appoint an attorney ad litem for every proposed ward; a proposed ward with capacity to contract may retain their own attorney instead. Est. Code 1054.001; 1054.006.

Florida

The court shall appoint an attorney for each alleged incapacitated person in all cases; the person may substitute their own attorney. Fla. Stat. 744.331(2)(b).

New York

The court shall appoint counsel, unless the person has counsel of their own choosing, in listed situations, including when the person requests counsel, wishes to contest, or a temporary guardian is requested. The person pays unless indigent. Mental Hygiene Law 81.10(c), (f).

Ohio

Right to independent counsel of the person's choice and, if indigent, upon request, counsel and an independent expert evaluator appointed at court expense. R.C. 2111.02(C)(7).

Less restrictive alternatives

California

No conservatorship unless the court expressly finds it is the least restrictive alternative needed; the court considers supports including supported decisionmaking agreements and powers of attorney. Prob. Code 1800.3(b)-(c).

Texas

Clear and convincing evidence that alternatives to guardianship and available supports and services have been considered and determined not to be feasible. Est. Code 1101.101(a)(1)(D)-(E).

Florida

The court must consider and find whether an alternative will sufficiently address the person's problems, and may not appoint a guardian if one will. Fla. Stat. 744.331(6)(b).

New York

The court considers available resources, including powers of attorney and health care proxies, and grants only the least restrictive form of intervention. Mental Hygiene Law 81.02(a); 81.03(e).

Ohio

Evidence of a less restrictive alternative, when introduced, shall be considered, and the court may deny a guardianship on that basis; a limited guardianship is considered before a plenary one. R.C. 2111.02(C)(5)-(6); Sup.R. 8.34(A).

Bond and reports

California

Bond before letters issue, except as otherwise provided by statute, waivable only on a good cause finding. Estate inventory within 90 days; accounting 1 year after appointment, then at least biennially. Prob. Code 2320(a); 2321(a); 2610(a); 2620(a).

Texas

Bond required, except for a corporate fiduciary or county guardianship program; the court may not waive bond for a guardian of the estate. Inventory within 30 days after the estate guardian qualifies; annual reports and accounts due within 60 days. Est. Code 1105.101; 1154.051(a); 1163.001; 1163.102.

Florida

Only a guardian of the property files bond, which the court may waive for compelling reasons. Initial report within 60 days after letters; annual plan for the person and annual accounting for the property. Fla. Stat. 744.351(1); 744.362(1); 744.367.

New York

The court may require or dispense with a bond. Initial report within 90 days after the commission issues; annual report in May. Mental Hygiene Law 81.25(a); 81.30(a); 81.31(a).

Ohio

Bond before letters issue; a guardian of the person only does not give bond unless the court finds good cause. Estate inventory within three months; guardian's report two years after letters and biennially after that. R.C. 2109.04(A); 2111.14(A)(1); 2111.49(A)(1).

Emergency or temporary guardianship

California

Temporary conservator on good cause, only with a general petition filed. Powers end when a general conservator is appointed and qualified or 30 days after appointment, unless the court extends or shortens the term for good cause. Prob. Code 2250(a)-(b); 2257.

Texas

Temporary guardian on substantial evidence of possible incapacity and probable cause that immediate appointment is required. It may not last more than 60 days, except in a contested case under Est. Code 1251.052. Est. Code 1251.001(a); 1251.151.

Florida

Emergency temporary guardian on a finding of imminent danger, after a petition to determine incapacity is filed. Expires at 90 days or when a guardian is appointed, whichever is first, extendable once for 90 days if the emergency continues. Fla. Stat. 744.3031(1), (4).

New York

Temporary guardian on a showing of danger in the reasonably foreseeable future to health and well being or to property. No fixed number of days; the term ends no later than issuance of the commission to a guardian. Mental Hygiene Law 81.23(a)(1).

Ohio

Emergency guardian, ex parte, when immediate action is reasonably certain to be required to prevent significant injury, for a maximum of 72 hours; after notice and hearing, extendable for good cause by no more than 30 more days. R.C. 2111.02(B)(3).

Suggested Compliance Checklist

Consider less restrictive alternatives

Before filing days after starting

If the adult still has capacity to sign, a durable power of attorney for finances, a healthcare power of attorney, or a supported decision-making agreement may meet the need without a court case. Many courts must consider these options before appointing a guardian, so record what you tried and why it was not enough.

Document: durable-power-of-attorney

Confirm the court, the terms and the petition

Before filing days after starting

Identify the court that hears adult guardianship or conservatorship in the county where the adult lives, the terms your state uses, and whether your state publishes an official petition form. If it does not, ask the court clerk which papers the court requires. Attorney review is available if you want a lawyer to check the petition.

Obtain the required medical or evaluator report

Before filing or as the court orders days after starting

Check whether your state requires a physician's certificate or expert statement with the petition, and how recent it must be, or whether the court appoints its own investigator, evaluator or examining committee. Arrange the examination early so the report is current when you file.

File, serve notice and attend the hearing

Per your state's notice period days after starting

File the petition, serve the adult in the manner your state requires, and notify the relatives and others the statute names. Observe the state's minimum period before the hearing, keep proof of service, and help the adult attend the hearing unless the court excuses attendance.

Meet bond, inventory and reporting duties

After appointment days after starting

Post any bond the court requires before acting, file the inventory of the adult's property within your state's deadline, and calendar the annual or biennial reports and accountings. Keep the adult's money separate from your own and keep receipts for every expense.

Frequently Asked Questions

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