The family member who wants to be the guardian files a petition (order to show cause) with the probate court for the jurisdiction where the allegedly legally incapacitated senior resides. The petitioner could be family, distant relative, close friend, administrator for a nursing home or health care facility.
The court will appoint (guardian ad litem) a person who will function as the judges eyes and ears. The guardian ad litem interviews the senior and the family to determine the elders capacity to continue to make their own financial and medical decisions. The guardian ad litem will speak with the petitioner, the involved health care providers, and the family of the senior.
If the appointment of a guardian is contested, a trial is scheduled, sworn testimony is given, and the court decides on the appointment. If the appointment is not contested, the court will hold a hearing where witnesses can provide sworn testimony, and with sufficient evidence the guardian will be appointed.
Once the guardian is appointed the judge will issue letters of authority (legal documents) which allow the guardian to act on behalf of the senior.
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