How to Being the Guardianship Process

Guardianship is a legal process that is used when one can no longer make or safe or sound decisions about his person or property.

Guardianship should be the last resort because it can be a costly and time consuming process depending on the level of incapacity, the nature of the assets, and the degree of protection needed.

The Certificate of Medical Examination

The first step in the guardianship process is getting a certificate of medical examination (CME) letter filled out by a doctor. The court requires the doctor’s letter which shows the type of incapacity. This doctor’s letter is a checklist with questions, including but not limited to:

  1. Can the person vote?
  2. Can the person drive?
  3. Can the person marry?
  4. Can the person spend money?
  5. Can the person sign a contract?
  6. Can the person decide where they are going to live?


Once the letter has been filled out, the type of incapacity can be determined and the guardianship process with the court can begin.

Remember, guardianship should be the last resort. Contact a qualified guardianship attorney to discuss your options.