How Long Does It Take to Get Guardianship?

Quick Answer

Obtaining guardianship takes 1–6 months in most cases. The timeline depends on whether the guardianship is for a minor or an incapacitated adult, whether anyone contests the petition, and the court's caseload. Emergency guardianship can be granted within days when there is an immediate safety concern.

Timeline by Guardianship Type

Guardianship Type	Typical Timeline	Court Hearings
Emergency/temporary (minor)	1–7 days	1 (ex parte possible)
Emergency/temporary (adult)	1–7 days	1 (ex parte possible)
Uncontested minor guardianship	1–3 months	1–2
Uncontested adult guardianship	2–4 months	1–2
Contested guardianship (any type)	6–12+ months	3+
Standby guardianship	1–3 months	1
Guardianship of the estate	2–6 months	1–2

Step-by-Step Process and Timeline

Step 1: Consultation with an Attorney (1–2 Weeks)

While not legally required in most states, consulting a guardianship attorney is strongly recommended. The attorney reviews the situation, determines the appropriate type of guardianship, and prepares the petition. Some legal aid organizations offer free assistance for guardianship cases involving low-income families.

Step 2: Filing the Petition (1–2 Days)

The petitioner files a guardianship petition with the probate or family court in the county where the proposed ward (the person needing a guardian) resides. Filing fees range from $100 to $400 depending on the state.

The petition typically includes:

• The relationship between the petitioner and the proposed ward
• The reasons guardianship is necessary
• A proposed guardianship plan
• Medical evidence of incapacity (for adult guardianships)

Step 3: Notice and Service (2–4 Weeks)

The court requires that all interested parties receive formal notice of the guardianship petition. This includes:

Party	Notice Required
The proposed ward	Always (unless waived by court for incapacity)
Parents (for minor guardianships)	Always
Spouse of proposed ward	Always
Adult children of proposed ward	Most states
Siblings and close relatives	Varies by state
State agencies (e.g., Adult Protective Services)	Some states

Notice must typically be served 10–30 days before the hearing, depending on state rules. This waiting period is often the largest block of time in uncontested cases.

Step 4: Investigation and Evaluation (2–6 Weeks)

For adult guardianships, most states require an independent evaluation:

• Court investigator or guardian ad litem visits the proposed ward, interviews the petitioner, and files a report with the court
• Medical evaluation by a physician, psychologist, or other qualified professional documents the proposed ward's capacity
• Background check on the proposed guardian (criminal history, financial standing)

For minor guardianships, the investigation is typically less extensive but may include a home study if the court deems it necessary.

Step 5: Court Hearing (1 Day)

The judge reviews all evidence, hears testimony from the petitioner and any objecting parties, and considers the investigator's report. In uncontested cases, the hearing may last 15–30 minutes. Contested hearings can take several hours or be continued over multiple days.

Step 6: Court Order and Letters of Guardianship (1–4 Weeks)

If the judge approves the petition, the court issues letters of guardianship—the official document authorizing the guardian to act on behalf of the ward. Some courts issue this at the hearing; others mail it within 1–4 weeks.

Emergency Guardianship (1–7 Days)

When a person faces immediate danger—such as abuse, neglect, or a medical emergency—courts can grant temporary emergency guardianship on an expedited basis:

• Ex parte orders (without the other party present) can be issued the same day the petition is filed
• Emergency guardianship typically lasts 30–60 days
• A full hearing must be scheduled within that period to convert to permanent guardianship or dismiss the case

Contested Guardianships (6–12+ Months)

Guardianships become contested when family members disagree about who should serve as guardian or whether guardianship is necessary at all. Contested cases involve:

• Multiple court hearings and continuances
• Discovery (depositions, document requests)
• Expert witness testimony
• Possible mediation
• Significantly higher legal costs ($5,000–$20,000+)

Costs of Guardianship

Expense	Typical Cost
Court filing fees	$100–$400
Attorney fees (uncontested)	$1,500–$4,000
Attorney fees (contested)	$5,000–$20,000+
Medical evaluation	$300–$1,500
Court investigator/GAL	$500–$2,000
Background check	$25–$75
Bond (guardianship of estate)	Varies by estate value

Alternatives to Full Guardianship

Because guardianship removes significant rights from the ward, courts increasingly prefer less restrictive alternatives when possible:

• Power of attorney: The person grants authority voluntarily while still competent
• Healthcare proxy/advance directive: Covers medical decisions only
• Representative payee: Manages Social Security benefits without full guardianship
• Conservatorship: Limited to financial matters in some states
• Supported decision-making agreements: The person retains rights with assistance from a trusted advisor