Guardianship & Conservatorship

If an adult is unable to provide for their own care, or if they aren’t able manage their finances due to incapacity, it may be necessary to ask the court to appoint a guardian to manage their care and/or a conservator to manage finances.

The two most common reasons for establishing a guardianship or a conservatorship are when a person becomes incapacitated due to Alzheimer’s or another form of dementia and when a child with a disability turns age eighteen. Talis Law has worked with a number of families in these situations to assist them in their roles as guardians and conservators for their loved ones.

Establishing a Guardianship and Conservatorship

A guardianship or conservatorship is established by the court in the county where that person lives. To start the process, someone who is interested in the individual’s welfare (usually a family member) petitions the court to start a guardianship and conservatorship proceedings. Here are the usual steps in the process:

• File the petition with the court explaining why the individual needs a guardianship or a conservatorship and proposing a person to serve as guardian and conservator.
• The court will then issue an order setting a date for a hearing and appointing a Court Visitor. That person will

• Interview the individual, the proposed guardian and conservator, and other people who know the individual (family, friends, etc.).
• Obtain an evaluation of the individual from a doctor or other health care professional.
• Prepare a report recommending whether a guardianship or conservatorship is needed and who should be the guardian and conservator.
• There will be a hearing, which the individual and the proposed guardian and conservator attend, at where the Court Visitor presents the report.
• If the court appoints the person as guardian and conservator, the court will issue them letters of office that allows them to start helping the individual

After hearing all of the evidence, the court may find that a less restrictive alternative guardianship and conservatorship is appropriate to provide for the individual’s needs. These less restrictive alternatives may include supported decision making, appointment of a representative payee, or the individual executing durable powers of attorney naming an agent to assist the individual with financial and health care decisions.

Once a guardian and/or conservator is appointed, they are required to report to the court on an annual or triannual basis documenting their actions to provide for the care for the individual and their management of that person’s assets.