Conservatorship – Information About Filing
Frequently Asked Questions (FAQs)
What do I file to become the conservator of an adult?
How do I file the petition?
What if there is an emergency and an adult needs a temporary conservator?
What if it is not an emergency but we need a hearing soon??
Who can be a Petitioner?
Can I change or end a conservatorship?
What if the protected person moves out of state?
Can I transfer an existing conservatorship from another state?
► What do I file to become the conservator of an adult?
There is a petition form to start a conservatorship case for an adult.
- Petition for Appointment of a Conservator for an Adult, PG-104
- Notice of Conservatorship Hearing (to Interested Persons), PG-116
- Certificate of Service by Certified Mail, PG-117
- Information on court fees and fee waivers
- Powers and Duties of a Full Guardian of an Adult (Booklet), PG-510
► How do I file the petition?
A petition can be filed one of three ways; in-person, by mail or by email. There is a $150 filing fee or you can request a fee waiver. If you want to file in person or by mail, you can find your specific court location to do so. If you wish to file via email, you can find the instructions and court address to do so.
► What if there is an emergency and an adult needs a temporary conservator?
There are possibly other interventions if there is a financial emergency such as Single Transactions and Financial Orders of Protection. You can find out more under Alternatives to Conservatorship.
You may request that the court appoint a temporary conservator if the respondent is not capable of:
- protecting his or her funds or property against being wasted or used up, or
- getting funds that are needed for the immediate support, care, and welfare of the respondent or his /her dependents.
If the court appoints a temporary conservator during the conservatorship case, the temporary conservatorship expires when the court appoints a full or partial conservator, or when the petition for a conservator is dismissed.
If there is an emergency, for appointment of a temporary conservator, fill out:
- Emergency Petition Packet - Temporary Conservatorship, PG-530
AND
► What if it is not an emergency but we need a hearing soon?
If the situation is not an emergency but you need a hearing for a determination in shortened time frame, you can file PG-108, Motion to Request a Hearing on a Shortened Time Frame. This request needs to be filed with PG-104 but will alert the court of your circumstances.
► Who can be a Petitioner?
Anyone can request the court appoint a conservator for protected person by filing the petition for conservatorship. The court considers whether the proposed conservator meets the legal requirements.
► Can I change or end a conservatorship?
Either the conservator or the protected person can ask the court to:
- Appoint a co-conservator
- Change the conservator to a new person
- End the conservatorship
- Accept your resignation as the conservator
You can file:
- Petition for Review of Guardianship/ Conservatorship, PG-190
Make 2 copies of the completed form. Provide a copy by mail or hand delivery to the protected person or the conservator in the case. Keep a copy for yourself. File the original with the court.
► What if the protected person moves out of state?
If the person moves out of state, the conservator could file PG-753, Petition for Provisional Order to Transfer to transfer the conservatorship to the state (if that state has adopted the jurisdiction act to accept transfers; the only states who have not are Texas, Michigan, and Florida). The conservator must be willing to continue as the conservator. If a change needs to happen prior to the transfer, file PG-190, Petition for Review as noted above to make the requested change prior to a transfer.
► Can I transfer an existing conservatorship from another state?
Yes, as long a state you are transferring from provides an provisional order of transfer showing the case is in good standing, the conservator can file PG-751, Motion to Transfer Conservatorship to the State of Alaska to begin the process. Be sure to attach a copy of your current conservatorship appointment orders and the provisional order of transfer. There is a $150 filing fee for this request or you can request a fee waiver.