Skip to main content

    Guardianship + Conservatorship

    Last resort — but sometimes necessary.

    Definitions

    • Guardianship — court-appointed person makes PERSONAL decisions (where to live, healthcare).
    • Conservatorship — court-appointed person manages FINANCES.
    • Some states use one term for both, others split.
    • Both: court-supervised, ongoing oversight.
    • Strips legal rights from elder.
    • Used when no POA exists + person can't consent.

    Why families need this

    • Parent has dementia, no POA done in time.
    • Parent making dangerous financial decisions.
    • Falling for scams repeatedly.
    • Spending on inappropriate "girlfriend."
    • Refusing necessary medical care.
    • Self-neglecting (hoarding, hygiene).
    • No POA + family member needs to act.

    Avoid if possible

    • Cost — $5,000-15,000 attorney fees, ongoing.
    • Time — 6-12 months process.
    • Public — court records.
    • Stigma — elder loses dignity.
    • Family conflict — siblings fight over who.
    • Court oversight — annual reports, accounting.
    • POA done early avoids ALL this.

    Process overview

    • File petition in elder's county court.
    • Doctor evaluation of incapacity.
    • Notice to all family members.
    • Court hearing — elder may attend / be represented.
    • Court appoints guardian/conservator.
    • Bond often required.
    • Annual accounting + reports to court.
    • Hire elder law attorney — DON'T DIY this.

    Less restrictive alternatives

    • POA — if before incapacity (best).
    • Trust + trustee — manages assets without court.
    • Joint bank accounts — limited but useful.
    • Representative payee — for Social Security.
    • Supported decision-making — newer alternative.
    • Geriatric care manager — coordinates care.
    • Only seek guardianship as LAST resort.

    For families considering

    Consult elder law attorney FIRST — many alternatives. National Academy of Elder Law Attorneys (NAELA) finds qualified ones. Britney Spears case made "conservatorship" controversial — court oversight critical to prevent abuse. Justice in Aging — free legal help for low-income seniors.