Guardianships arise when a person cannot handle their own affairs and a determination is made that they are incapacitated. In this process, the Court appoints professionals to examine the prospective ward (person who may be considered incapacitated) who then report to the Court as to their findings. If a finding of incapacity is made by these professionals, a court hearing will be held and, if the court finds that person to be incapacitated, a guardian will be appointed.

A guardian has control over the property of the ward and is required to report to the Court by making an inventory and an accounting to the Court on a regular basis.

Guardianship contests arise when the person for whom the proceeding is instituted objects or other family members question the propriety of the guardianship application.  A guardianship contest can also arise when other family members challenge the appointment of the person who wishes to be nominated the Guardian.