It is public, costly, and removes rights from the person, so courts treat it as a last resort. It is usually needed only when no power of attorney was signed in time and a decision cannot wait.
Supported decision-making and limited guardianship are less restrictive alternatives available in some states.
Why it matters
It is what a family faces if powers of attorney were left too late, which is the argument for doing them early.
Questions people ask
What is guardianship and conservatorship?
Guardianship and conservatorship are court appointments that give someone legal authority to make decisions for a person who can no longer make them safely. The Alzheimer's Association explains that a guardian or conservator is appointed by a court to make decisions about a person's care and property. The names and rules differ from state to state, so families should consult an elder law attorney who knows guardianship where the person lives.
How do you get guardianship of a parent with dementia?
You ask a court to appoint you, which usually means working with an attorney and testifying at a guardianship hearing. The Alzheimer's Association notes that acquiring guardianship takes time, that guardians are responsible to and supervised by the court, and that the rules vary by state. It recommends talking first with an elder law attorney who is familiar with the guardianship process in your parent's state.
What is the difference between guardianship and power of attorney?
A power of attorney is a document the person signs while they still have legal capacity, naming an agent they chose themselves. Guardianship is a court appointment, generally considered when the person can no longer provide for their own care and the family cannot agree on care or there is no family. The Alzheimer's Association adds that a guardian answers to the court. State laws differ, so ask an elder law attorney.
What are the alternatives to guardianship?
The main alternatives are legal documents the person signs while they can still make decisions: a durable power of attorney for health care, a durable power of attorney for finances, and a living trust. The National Institute on Aging stresses that these must be created while the person still has legal capacity, which is why planning soon after a diagnosis matters. How far they replace guardianship depends on state law, so check with an elder law attorney.
What does a guardian of an adult with dementia do?
A guardian of an adult makes health care and financial decisions for the person and also makes sure their day to day needs for safety, food, shelter and care are met. The Alzheimer's Association notes that guardians are responsible to, and supervised by, the court. Guardianship is generally considered when a person with dementia can no longer provide for their own care and the family cannot agree on care or there is no family.
Sources
Where to check this, and where to read more. All external and all authoritative.
- American Bar Association, Commission on Law and Aging
- National Center on Elder Abuse
- Alzheimer's Association: Legal documents
- National Institute on Aging: Planning after a dementia diagnosis
Guardianship and conservatorship where you live
The local guide on this, for each city we cover.
- Baltimore, MD
- Boston, MA
- Buffalo, NY
- Charlotte, NC
- Chicago, IL
- Columbus, OH
- Dallas, TX
- Denver, CO
- Detroit, MI
- Houston, TX
- Los Angeles, CA
- Memphis, TN
- Milwaukee, WI
- New York, NY
- Philadelphia, PA
- Phoenix, AZ
- San Antonio, TX
- San Diego, CA
- Seattle, WA
- Tucson, AZ