A guardianship is commenced by first filing a petition for appointment of an interested person. The petition is generally filed in the county in which the incapacitated person (the respondent) resides or is present. The petition includes certain information about the respondent and the petitioner, required by statute, in order to inform the court of the qualifications of the petitioner, the circumstances of the respondent, and the nature of the respondent's incapacity. The petitioner is also required to inform the court as to any plans to place the respondent in a nursing home or mental health treatment facility.
The respondent and other interested persons must be given notice of the filing of the petition, and must be informed of their rights to object or otherwise participate in the proceeding. The respondent must be personally served with the notice and a copy of the petition. Other interested persons, such as the spouse and adult children of the respondent, agents under power of attorney, health care representatives, etc., can be served by first class mail.