Before you file guardianship papers with the court, make sure that:
The respondent is an adult.
You have the evidence you need:
Gather any other evidence you have to prove that the respondent is incapacitated and what things the protected person needs a guardian to make decisions about.
For the judge to grant the guardianship, your evidence must be clear and convincing. The judge must determine whether the respondent is able to:
receive and evaluate information; or
make and communicate decisions; or
provide for necessities such as food, shelter, clothing, health care, or safety
even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Some examples of types of evidence you might include are statements from any witnesses who are familiar with the respondent, and evaluations by the respondent's doctor or other evaluators.