Who initiates the guardianship process in court?

The initiation of the guardianship process in court is typically carried out by the petitioner. This individual is responsible for filing the necessary legal documents and formally requesting that the court appoint a guardian for someone who may be incapacitated. The petitioner can be a family member, a concerned friend, or even a professional advocate, depending on the circumstances surrounding the case.

The role of the petitioner is crucial as they present the case to the court, outlining why guardianship is necessary for the allegedly incapacitated person. They must provide evidence and testimony that supports the claim of incapacity and demonstrate that a guardian would be in the best interest of the individual in question.

Other roles, such as that of a court evaluator, come into play after the process has been initiated. A court evaluator may be assigned to evaluate the situation and offer recommendations to the court, but they are not the ones who start the process. Similarly, the allegedly incapacitated person does not initiate the process as they may not have the capacity to do so. Lastly, the appointed guardian assumes their role after the court has made its decision; thus, they do not initiate the guardianship process either.