How do I establish a guardianship?

To establish guardianship for an incapacitated adult (over age of 18), a verified complaint must be filed with the Surrogate’s Court in the county where the alleged incapacitated person resides. The complaint must include particular information and must be supported by affidavits of physicians based upon recent examinations of the alleged incapacitated person. Once a complaint is filed, the court will enter an order appointing an attorney for the alleged incapacitated person and schedule a hearing. If the court determines that the person is incapacitated, then a judgmentwill be entered appointing guardian(s). Before the guardian(s) can act on behalf of the incapacitated person, they must appear before the County Surrogate to qualify as guardian, including by posting a bond if required. Note: Especially in complex or contested matters, it is a good idea to get a lawyer to assist with a guardianship application. Also, click here for the information and form packet necessary to establish guardianship for an adult eligible for or currently receiving services through the Division of Developmental Disabilities (DDD).