Whether due to a catastrophic accident, a progressive degenerative disorder like dementia, or a condition from birth, the person in need of guardianship services is not in a position to seek them for themselves. Therefore, it falls upon a loved one or friend or care provider to obtain that level of service for them by taking on the role of petitioner.
The first step to helping the person who needs a guardian is to retain an attorney. You may feel that you are not able to afford an attorney. To remove that barrier guardianship laws allow petitioners to be reimbursed by the estate of the allegedly incapacitated person for the guardianship proceedings.
Many attorneys will request the petitioner provide the retainer fees upfront to be reimbursed after the court proceedings and a petition to the court requesting permission for the disbursement.