A guardianship is a court-supervised arrangement in which one person is given authority to make decisions for another who cannot make them safely, such as a minor or an adult with serious incapacity.
Terms vary by state
Some states use "guardian" for personal and medical decisions and "conservator" for financial ones. Others use one term for both. Adult guardianships take away significant rights, so courts treat them seriously.
The usual process
- A family member or other interested person files a petition in court.
- The person at issue is given notice and may have a lawyer appointed.
- Medical evaluations help show whether they can manage their own affairs.
- The court holds a hearing and decides, ideally using the least restrictive option that meets the need.
- If appointed, the guardian reports to the court regularly and must act in the person's best interest.
Alternatives to consider first
- Durable power of attorney for finances.
- Healthcare proxy and advance directive.
- Supported decision-making agreements, recognized in a growing number of states.
- Representative payee arrangements for benefits.
Guardianship of minors
When parents cannot care for a child, a relative or other adult may seek guardianship. A parent can name a preferred guardian in a will, though the court makes the final decision.
Frequently asked questions
Is guardianship permanent?
Not necessarily. Courts can review it and end or change it if the person's situation improves.
What does it cost?
Court fees and attorney costs vary. Some courts offer forms and help for family members seeking guardianship.