Guardianship and Conservatorship

A court transferring legal decision-making for an adult who cannot make decisions themselves - the most restrictive option, and often not the necessary one.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Guardianship law firms.

What it means

When an adult can no longer make decisions about their own care or finances, a court can appoint someone to make those decisions for them. Terminology splits by state and by subject: guardianship commonly covers decisions about the person - where they live, medical treatment, daily care - and conservatorship commonly covers property and finances. Some states use one word for both, and some reverse them.

This is a substantial legal step and courts treat it as such, because what is being transferred is the right to decide. The process generally requires a petition, formal notice to the person concerned, medical or expert evidence of incapacity, an opportunity for that person to appear and object, often a court-appointed representative for them, and a hearing. Once appointed, the guardian or conservator is a fiduciary: they must act in the person's interests, keep the money separate from their own, and account to the court periodically.

The most important practical point is that it is frequently avoidable. A durable power of attorney and an advance directive, put in place while the person still has capacity, can cover most of the same ground without a court case - which is a large part of why those documents exist. Guardianship is what happens when nothing was arranged in advance, or when what was arranged does not reach the problem. Many states now also require the court to consider less restrictive alternatives first, and to limit the order to the decisions the person actually cannot make rather than removing all of them.

Where this comes from

When people hire a lawyer for this

Two quite different situations bring people here. The first is a family trying to arrange care for a relative who has lost capacity, where the useful question a lawyer answers first is whether guardianship is needed at all or whether a less restrictive route still exists. The second is a person contesting a petition brought about them, or a family member concerned that an existing guardian is not acting properly - and that person has a right to be heard, to be represented, and in most states to ask the court to review or end the arrangement. Legal aid and adult protective services programs take both kinds.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Guardianship law firms in your state

Choose your state to see Guardianship law firms in the city where we list the most; your city may be under “other cities”, A to Z.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Alaska (Anchorage)
• Arizona (Mesa)
  +6 other cities

  • Chandler
  • Gilbert
  • Glendale
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock)
• California (Long Beach)
  +19 other cities

  • Anaheim
  • Chula Vista
  • Fontana
  • Fremont
  • Irvine
  • Los Angeles
  • Oakland
  • Riverside
  • Sacramento
  • San Bernardino
  • San Diego
  • San Francisco
  • and 7 more with fewer listed firms
• Colorado (Denver)
  +2 other cities

  • Aurora
  • Colorado Springs
• Connecticut (Bridgeport)
• Delaware (Wilmington)
• District of Columbia (Washington)
• Florida (Orlando)
  +5 other cities

  • Hialeah
  • Jacksonville
  • Miami
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Hawaii (Honolulu)
• Idaho (Boise)
• Illinois (Chicago)
• Indiana (Indianapolis)
  +1 other city

  • Fort Wayne
• Iowa (Des Moines)
• Kansas (Wichita)
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +2 other cities

  • New Orleans
  • Shreveport
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +1 other city

  • Saint Paul
• Mississippi (Jackson)
• Missouri (Kansas City)
  +1 other city

  • St. Louis
• Montana (Billings)
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Las Vegas)
  +3 other cities

  • Henderson
  • North Las Vegas
  • Reno
• New Hampshire (Manchester)
• New Jersey (Newark)
  +1 other city

  • Jersey City
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Durham
  • Fayetteville
  • Greensboro
  • Raleigh
  • Winston-Salem
• North Dakota (Fargo)
• Ohio (Cincinnati)
  +3 other cities

  • Cleveland
  • Columbus
  • Toledo
• Oklahoma (Oklahoma City)
  +1 other city

  • Tulsa
• Oregon (Portland)
• Pennsylvania (Philadelphia)
  +1 other city

  • Pittsburgh
• Rhode Island (Providence)
• South Carolina (Columbia)
• South Dakota (Sioux Falls)
• Tennessee (Nashville)
  +1 other city

  • Memphis
• Texas (Arlington)
  +12 other cities

  • Austin
  • Corpus Christi
  • Dallas
  • El Paso
  • Fort Worth
  • Garland
  • Houston
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Chesapeake)
  +3 other cities

  • Norfolk
  • Richmond
  • Virginia Beach
• Washington (Tacoma)
  +2 other cities

  • Seattle
  • Spokane
• West Virginia (Charleston)
• Wisconsin (Madison)
  +1 other city

  • Milwaukee
• Wyoming (Cheyenne)

Related terms

Other entries in the same area of law, each written from the same primary sources.

• Beneficiary Designation (Payable-on-Death)The single line on an account form that overrides the will - and the commonest reason an estate plan does not do what the family expected.
• Contesting a WillThe narrow legal grounds for setting a will aside - and why "it is not fair" is not one of them.
• Elder LawThe practice area that brings together the legal problems of aging: paying for long-term care, Medicaid eligibility, planning for incapacity, guardianship, and protection from abuse and financial exploitation.
• Estate Planning (What an Estate Plan Is Made Of)The set of documents and arrangements that decide who manages your affairs if you cannot, who inherits what, and how, with the least cost, delay and tax.
• Executor (Personal Representative)The person a court authorizes to wind up an estate - a job with real duties, real personal exposure, and a right to be paid.
• Intestate SuccessionThe statutory order in which a person's property passes when they die without a valid will - a default set by the state, not by the family.
• Last Will and TestamentThe document that says who inherits what - and, just as importantly, the many things it does not control.
• Power of AttorneyA document authorizing someone to act on another person's behalf in financial or legal matters.
• ProbateThe court process that settles a deceased person's estate: validating any will, paying debts, and transferring what remains.
• Revocable Living TrustA container you put property into during life so it can pass at death without a court - useful, oversold, and useless if left unfunded.
• Small Estate AffidavitThe sworn form that lets a family collect a modest estate without opening a probate case at all.
• Special Needs TrustA trust that holds money for a person with a disability without disqualifying them from SSI and Medicaid, the difference between first-party and third-party trusts, and the ABLE account alternative.
• Spousal Elective ShareThe statutory right of a surviving spouse to claim a portion of the estate regardless of what the will says.
• Successor Trustee DutiesWhat a person named to take over a living trust after the creator dies or becomes incapacitated must do, the duties the law imposes, and when a trustee can be personally liable.

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