Finally the Court will set the matter for hearing, often before a magistrate instead of the judge himself. If everyone is in agreement that the guardianship is necessary, or if no one appears to object, then a letter of guardianship is awarded. If anyone objects, including the individual himself, then the hearing becomes more like a trial where witnesses will be examined and cross-examined.

The subject of the application has the right to object to having a guardian appointed for him, and has several other due process rights, including the right: To have an attorney represent him, even if he cannot afford one himself; To be present during the hearing; To prevent his personal physician and certain other parties from testifying against him, and To have an independent evaluation.