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Only a court, after a legal proceeding, may judge an individual to be incapacitated and appoint a guardian to make decisions for him or her. If you want to be the guardian over an adult, there are many forms you must fill out to open a case.An attorney is usually retained to file a petition for a hearing in the probate court in the proposed ward's county of residence. If you are set to appear during a guardianship hearing, here's how you can prepare for the proceedings. Prepare Affidavit of Service (to hand up at hearing and, ideally, to e-file before the hearing);. â–« Send letter to court re: no counsel needed for AIP. Many of the actions in this manual require the completion of a form or a petition (a document used in a court proceeding). Of an adult the Court has found to need a conservator. What is the definition of a. Guardian? Court appointment of a guardian for an alleged incapacitated person is more involved than appointment in the case of a minor .