Developmentally Disabled

The Probate Court handles cases involving Individuals with a Developmental Disability who require a guardian. The guardianship establishes a relationship between the guardian and the developmentally disabled individual similar to that of a parent and child, with duties and responsibilities to that individual as determined by the Probate Court.

A prospective Guardian may be nominated by petition (e-filed with the Probate Court) or may be named in a will. A guardian may be appointed as partial or plenary "guardian of the person" and/or "guardian of the estate". The petition should be e-filed with the Probate Court in the county of residence of the individual with the alleged disability, or in the county in which the individual was found if a county of residence cannot be determined. The petition should be accompanied by a report with current evaluations (performed in the last year) from a physician or psychologist who is trained or experienced in assessing an individual's mental, physical, social and educational condition, adaptive behavior, and social skills.

Any of the following may e-file a petition for guardianship of an individual with a developmental disability:

The individual with a developmental disability
An adult relative or friend of the individual
An official or representative of a public or private agency, corporation or association concerned with the individual's welfare
Any other person found suitable by the Court

Once filed through e-filing, the petition will be set for hearing. There is no filing fee. Be aware that you may not file a petition for guardianship of a legally incapacitated person under the Estates & Protected Individuals Code if the person is developmentally disabled.

All forms must be completed and e-filed.