In most states, the person who wants to become a guardian files a petition asking the court to evaluate reasons and/or incapacity and to appoint a guardian. Guardianship issues are usually determined in family or probate court. You can call your county court to find out the procedures in your area, or a local family attorney can also tell you (over the phone probably). Also, if you want to read up for yourself, here is a great website for further information about legal guardianship-- including the definition, how to start the process to become appointed, the responsiblities of the guardian, etc. Legal Guardianship. Good luck to you!