Petition for Guardianship of the Property of Alleged Disabled Person - Stay of Civil Actions and Proceedings

Guardianship filing can pause housing cases

Beginning October 1, 2026, when someone files to be guardian of an alleged disabled person’s property, a party to that case can ask the court to pause certain cases against the person. Courts can stay failure-to-pay-rent cases and warrants of restitution, wrongful detainer, foreclosures, sheriff’s sales, and other actions against the person’s property. The stay can last up to 90 days after the petition is filed and can be extended only for good cause. It ends automatically when a temporary or permanent guardian is appointed, or if the petition is denied. The requester must notify all parties about the petition and the stay request, and must update the court and parties within 90 days if a guardian is appointed or if the petition is denied, dismissed, or withdrawn. For any stayed case, once a guardian is appointed, legal papers must be served on the guardian. The law applies only to petitions filed on or after October 1, 2026.