Guardianship typically relates to personal care and daily decision-making, such as medical treatment, living arrangements, and general welfare. Conservatorship, on the other hand, focuses on financial management, including paying bills, managing assets, and legal or contractual matters. A person may serve as both guardian and conservator if needed, but the responsibilities remain distinct.

When is guardianship or conservatorship truly necessary?

Pursue guardianship or conservatorship only when an individual cannot make safe or informed decisions for themselves, and less restrictive alternatives are insufficient. This often arises due to cognitive decline (e.g., dementia), severe mental illness, developmental disabilities, or physical incapacity preventing self-care or financial management. Courts prioritize options that preserve autonomy, favoring limited arrangements when possible.

What are some less restrictive alternatives to full guardianship?

Before considering full guardianship/conservatorship, explore options like a Power of Attorney (POA) for financial or healthcare decisions, Advance Healthcare Directives, Supported Decision-Making (SDM) Agreements, or Representative Payees/Trusts for financial management. Limited or partial guardianship can also restrict authority to only essential decisions.

How should one assess potential guardians or conservators?

Courts look for trustworthy, competent individuals familiar with the ward's values. Priority often follows a statutory order: advance directives, spouse, adult children, parents, siblings, other relatives, then professional guardians. Consider factors like proximity, ability to fulfill duties, and a willingness to advocate for the ward. Co-guardianship and successor guardians are also important considerations.

What practical responsibilities come with being a guardian or conservator?