So you got a letter in the mail from someone (relative, lawyer, doctor,…) saying a hearing is scheduled for you for “Probate Court”.

Your first reaction is, “What is this for?  I don’t need anyone helping me, or any court telling me what to do”.  This reaction is fine, but DON’T IGNORE THE PAPERS.

You see, anyone can file an application with probate court, saying that your are incapacitated, and that you need help managing your life and money.

Oh, so you don’t believe it?  Google how to file guardianship in your state.  You will see something like:

1- Fill out your forms

2- File your forms with court clerk

3- Court will set hearing date

4- You must give notice to all impacted persons about hearing

5- Provide proof of service to court that you mailed forms

6- Go to your court hearing

7- Judge makes the decision

So, on your forms, which you can get from your state’s probate court website, you will state why you are submitting for guardianship or conservatorship.  BUT, notice that no where does it ask you to prove it; nor does it require any minimum proof that you need a guardian or conservator.  The court will simply set a hearing date to make a decision.

So, that notice that you got in the mail that says you have a guardianship and/or conservatorship hearing is real.  You must prepare to go to court to defend yourself, if you disagree.  If you do not show up, the judge will make a decision without you, and it is likely to be in favor of making someone your guardian and/or conservator.

Oh and once a guardian or conservator is appointed by the court, it is difficult to get rid of them; even if you are not or is no longer incapacitated.

Therefore, YES, YOU MUST RESPOND to that notice.  Just be sure to talk with a probate attorney to get some advice.  Talk with as many attorney as you need, until you find the one that will really work on your behalf.

One word of caution, be very careful of asking the people at the probate court for an attorney.  It is best if you ask around your town; ask family and friends if they know or can help you find an attorney.