Each county probate court has its own set of application forms that must be completed to start the process. Included in those forms is a Statement of Expert Evaluation that must be filled out by a physician or a licensed clinical psychologist. The forms and fees vary somewhat from county to county. The application should be filed in the county in which the individual resides.

It would not be unusual to have fees of $150 with $75 due when the application is submitted, and the remaining $75 due when the guardianship is awarded. If the applicant cannot pay the fees, the applicant can ask that the indigent guardianship fund be used to cover those expenses. In the alternative, the applicant might indicate that he cannot afford to pay the application fee and ask that it be waived. With either alternative, it may be helpful for the applicant to file an affidavit of indigency with the Court – a notarized statement in which the applicant swears he does not have sufficient funds to pay the application fee.

The court will send notice that the guardianship application has been filed to all next of kin who live in the state, in case they wish to object to the guardianship. It will also ask a Probate Court Investigator to interview the prospective ward and people who know him, and to make a recommendation to the probate court as to whether the guardianship is necessary.