Short answer. Generally yes — the alleged incompetent must attend if able to. The court also confirms notice was given, hears both sides' evidence, and, once satisfied the person is a minor or incompetent, appoints a suitable guardian of the person, the estate, or both.

What the law says

At the hearing of the petition the alleged incompetent must be present if able to attend, and it must be shown that the required notice has been given. Thereupon the court shall hear the evidence of the parties in support of their respective allegations, and, if the person in question is a minor, or incompetent it shall appoint a suitable guardian of his person or estate, or both, with the powers and duties hereinafter specified.

Rule 93, Section 5 — Hearing and order for letters to issue. Read the full provision →

Presence requirement

The rule states plainly that the alleged incompetent must be present if able to attend. This safeguards against a guardianship being decided entirely on paper, without the court ever observing or hearing from the very person whose capacity is in question. The qualifier 'if able to attend' recognizes that some alleged incompetents genuinely cannot appear, but it is not an easy excuse to skip the hearing whenever attendance is simply inconvenient.

Confirming notice before proceeding

The hearing cannot simply proceed to the merits; it must be shown that the required notice has been given first, tying this hearing back to the notice obligations set out in the preceding section. A court that skips this check risks appointing a guardian in a proceeding the alleged incompetent, or other interested relatives, never actually had a fair chance to know about or contest.

Weighing the evidence

Once those threshold matters are satisfied, the court shall hear the evidence of the parties in support of their respective allegations, giving both the petitioner and anyone contesting the petition a chance to be heard on the substance. This typically includes medical or other evidence bearing on the alleged incompetent's actual condition, not just the petitioner's own assertions about why a guardian is needed, since the court's ultimate finding rests on that evidence rather than on the petition's bare allegations.

The appointment itself

If the court finds the person in question is a minor or incompetent, it shall appoint a suitable guardian of his person or estate, or both. That word "suitable" leaves the court real discretion over who actually gets appointed, not just whether a guardian is needed at all. The court weighs the proposed guardian's fitness and relationship to the ward as part of deciding whether that specific person should hold the appointment.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.