Guardianships

Guardianships and Conservatorships are legal relationships wherein the Probate Court appoints a person (guardian or conservator) to make certain decisions for another person (ward) proven to need assistance. Guardianships and conservatorships may be established for minors and incapacitated adults. Guardians make decisions concerning the person of the ward, whereas conservators manage and make decisions concerning the income and property of the ward.

Conservator of Minor

The Petitioner (a natural guardian) is requesting the Court to be appointed Conservator of property belonging to a minor. This type of petition is required for minor children receiving funds that are more than $25,000 from an inheritance or from a settlement. No petition is necessary for a natural guardian to receive any money or property for their child, if the property is worth less than $25,000.

Order To Apprehend Requirements

1. Affidavits of at least 2 witnesses.
2. Both Affiants must have seen the person in the preceding 48 hours.
3. Based upon the observations contained in the Affidavits, the Affiants have reason to believe such person requires involuntary treatment because that person is:
   1. a mentally ill person,
   2. an alcoholic,
   3. a drug dependent individual, or
   4. a drug abuser.
4. The person must be located in Douglas County
5. The person must be at least 17 years of age or older.  (Jurisdiction for those 16 and younger is in Juvenile Court.)