Do I need to notarize Form 28?

Notarization requirements vary by state and the court's order. Some jurisdictions require an oath or notarial acknowledgment for acceptance; others accept an unsworn electronic signature. Check the appointment order or local court rules, and obtain in-person or remote notarization if mandated.

Can Form 28 be signed electronically?

Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met. Confirm the court accepts e-submissions and whether additional identity verification or notarization is required.

Who is authorized to sign?

Only the person appointed as guardian (or an authorized agent with express court approval) should sign Form 28 to accept the appointment. If an organization serves as guardian, an authorized officer must sign and include title and authority documentation.

How do I correct mistakes after filing?

If clerical errors occur, file an amended acceptance or a corrective pleading per local rules; some courts permit filing a corrected Form 28 or an affidavit explaining the error. Prompt correction limits delays and avoids questions about authority.

How do I revoke acceptance?

Revocation of acceptance typically requires a written notice to the court and may require a formal motion; courts examine revocation requests carefully to protect the ward. Consult counsel and follow local procedures for withdrawal and notification to interested parties.

How long should I keep Form 28?

Retain the original acceptance for the duration of the guardianship and follow applicable retention rules: IRS records three years minimum (IRC §6501(a)), HIPAA six years (45 CFR §164.530(j)), and state-specific longer periods where required.

Electronic Signature
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Form 28 Acceptance of Appointment as Guardian

Form 28 Acceptance of Appointment as Guardian

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What Form 28 is and when it is used

Form 28 Acceptance of Appointment as Guardian is a court filing used when an individual accepts legal appointment as guardian for a minor or an incapacitated adult. The form records the guardian's consent, identifies the guardian and the protected person, and ties the acceptance to the probate or guardianship case number. Courts rely on the completed form to document who holds decision-making authority, to trigger required notices and oversight, and to establish reporting obligations under applicable state guardianship statutes.

Why completing Form 28 matters to courts and guardians

Filing Form 28 documents the guardian's consent, clarifies legal authority, and helps courts and interested parties track who will make personal, financial, and healthcare decisions. A completed acceptance reduces procedural delays and supports transparent supervision and required reporting under state guardianship rules.

Who completes and relies on Form 28

People and organizations that complete or rely on Form 28 include appointed guardians, courts, and counsel working in guardianship proceedings.

Family or friend guardians appointed by the court to care for a minor or incapacitated adult.
Professional guardians or guardian services that accept appointments and manage assets and personal care.
Attorneys and court administrators who file, record, and monitor acceptance and reporting obligations.

Core sections to include on a professional Form 28

Core sections of a professional Form 28 ensure identity, authority, scope, recordkeeping, notifications, and acknowledgements are clearly documented for court oversight and third-party reliance.

Identification

Provide full legal name, date of birth if required, government ID reference, and relationship to the protected person so the court can confirm identity and avoid conflicts of interest.

Case Details

Include the probate or guardianship case number, court name and division, and caption as listed on court orders to ensure Form 28 is associated with the correct docket.

Scope of Authority

State whether the guardianship covers personal care, medical decisions, financial management, or limited tasks; specify any statutory or court-imposed limitations on authority.

Contact Information

List mailing address, phone, and email for the guardian and any primary alternate to facilitate service, notices, and emergency contact by the court or service providers.

Acknowledgements

Affirm acceptance of fiduciary duties, understanding of reporting requirements, and willingness to submit accountings and periodic updates as ordered by the court.

Signature Block

Signature, printed name, and date of acceptance; include notary or oath fields if the jurisdiction requires notarization or an administered oath by the clerk.

Essential data elements to collect

Guardian Name: Full legal name on ID

Acceptance Date: MM/DD/YYYY format

Case Number: Probate or guardianship docket

Court Name: Full court name and county

Contact Details: Mailing address, phone, email

Signature: Handwritten or electronic signature

Step-by-step: complete, authenticate, and file Form 28

Follow these steps to complete, authenticate, and file Form 28 so the court records your acceptance and triggers required service and oversight processes.

01

Obtain Appointment: Keep official court order or letter appointing you guardian.
02

Complete Form: Fill all required fields accurately and legibly.
03

Authenticate: Sign before notary or clerk if jurisdiction requires.
04

File and Serve: File with clerk and serve interested parties per rule.

Configure an online workflow for Form 28

Configure an online workflow to collect signatures, verify identity, and route completed Form 28 to court and interested parties efficiently.

Field \| Online Setting	Configuration
Signer Authentication	Email link with optional SMS code verification
Signature Type	E-signature with audit trail and timestamp
Notifications	Automatic email to clerk and interested parties
Document Template	Lock fields and pre-fill case number
Storage	Save PDF/A and retain audit trail

Where completed Form 28 is sent

The filing flow for Form 28 moves from completion to authentication, filing with the court, and distribution to required parties; below are typical destinations.

Court Clerk: File original with probate or family court clerk.
Interested Parties: Serve the protected person, relatives, and counsel.
Medical Providers: Provide copies when guardian needs medical authority.
Financial Institutions: Share acceptance when accessing bank or investment accounts.

Technical considerations for eSubmission and eSignature

For digital completion and e-signature, verify platform supports secure PDFs, identity verification, and audit trails before collecting signatures.

File Formats: PDF and DOCX file formats supported
Integrations: Connects with Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS, and advanced ID verification

Timing considerations and typical deadlines

Timing for filing Form 28 varies by jurisdiction; courts issue specific deadlines in appointment orders. Observe local rules and immediate service requirements.

Filing Deadline Set by Court:

File within the timeframe specified in the appointment order.

Immediate Service to Parties:

Serve required parties promptly per local procedural rules.

Notarization Timing:

Sign in presence of notary only if required by state law.

Reporting Start Date:

Reporting obligations often begin on acceptance date or court schedule.

Clerk Processing Time:

Processing varies; expect days to weeks depending on caseload.

Key milestones after appointment

Key procedural milestones after appointment mark when you must act; below is a common sequence from appointment to ongoing oversight.

01

Appointment Issued

Court issues the guardianship order and names the appointed guardian.

02

Acceptance Filed

Guardian files Form 28 to record consent with the court.

03

Notice Served

Clerk or guardian serves copies to interested parties per rules.

04

Court Oversight Begins

Clerk schedules initial report, bond hearing, or accountings as required.

Common preparation mistakes to avoid

Omitting or misstating the case number causes clerks to misfile or delay docketing; always copy the exact docket number from the appointment order.
Using an informal name instead of the guardian's legal name can create identity mismatches and require corrected filings or court orders.
Failing to notarize when a jurisdiction requires an oath or acknowledgment may render the acceptance invalid or subject to clerical rejection.
Not serving interested parties or counsel per local rules can delay hearings, lead to reopening of matters, or require re-service and additional filings.

Penalties and risks for incorrect or missing filings

Removal Risk: Court may remove guardian

Civil Liability: Damages for mismanagement

Contempt Sanctions: Penalties for disobeying orders

Financial Exposure: Bond or restitution ordered

Privacy Violations: HIPAA and data breach liability

Void Acceptance: Acceptance may be set aside

Practical scenarios showing Form 28 in use

The scenarios below illustrate common uses of Form 28 and practical outcomes when properly completed and filed.

Family Guardian

A daughter appointed guardian filed Form 28 after the court's order to accept responsibility for her incapacitated parent and to manage day-to-day care.

The court recorded her acceptance and scheduled initial oversight.
Because she used correct case numbers, included contact information, and signed before a notary when required, the clerk processed the filing quickly and the guardian met reporting deadlines without needing corrective filings or additional orders.

Professional Guardian

A professional guardian service accepted multiple appointments and used standardized Form 28 templates to capture authority, scope, and contact details across several county dockets.

Templates reduced repetitive entry and ensured consistency.
Standardized filings with attached authorizations and electronic signatures shortened processing times, improved audit readiness, and made it easier to provide certified copies when banks and agencies requested proof of authority.

Comparison of common eSignature vendors for Form 28 execution

Below is a concise vendor comparison for eSignature options commonly used to execute and submit Form 28 documents electronically.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Yes, trial	Yes, trial	Yes, trial	Yes, trial
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Form 28

Common questions about completing, authenticating, and filing Form 28 appear below with concise answers to help avoid procedural errors.

Need help? Contact support

Do I need to notarize Form 28?
Notarization requirements vary by state and the court's order. Some jurisdictions require an oath or notarial acknowledgment for acceptance; others accept an unsworn electronic signature. Check the appointment order or local court rules, and obtain in-person or remote notarization if mandated.
Can Form 28 be signed electronically?
Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met. Confirm the court accepts e-submissions and whether additional identity verification or notarization is required.
Who is authorized to sign?
Only the person appointed as guardian (or an authorized agent with express court approval) should sign Form 28 to accept the appointment. If an organization serves as guardian, an authorized officer must sign and include title and authority documentation.
How do I correct mistakes after filing?
If clerical errors occur, file an amended acceptance or a corrective pleading per local rules; some courts permit filing a corrected Form 28 or an affidavit explaining the error. Prompt correction limits delays and avoids questions about authority.
How do I revoke acceptance?
Revocation of acceptance typically requires a written notice to the court and may require a formal motion; courts examine revocation requests carefully to protect the ward. Consult counsel and follow local procedures for withdrawal and notification to interested parties.
How long should I keep Form 28?
Retain the original acceptance for the duration of the guardianship and follow applicable retention rules: IRS records three years minimum (IRC §6501(a)), HIPAA six years (45 CFR §164.530(j)), and state-specific longer periods where required.

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