Guardianship and conservatorship
Guardianship lets a court appoint someone to make decisions for a person who can no longer make them. This guide explains the process, its alternatives and a guardian's duties.
Last reviewed October 27, 2026
General information only. This guide is not medical, legal or financial advice. Talk with a physician, and with an elder-law or financial professional where money or legal papers are involved, about your own situation.
What guardianship is
Guardianship is set by state law, and terms vary. The Justice Department notes that one model law uses guardian for someone who manages a person's care and well-being, and conservator for someone who manages their money and property.
Less restrictive options
Because guardianship can take away rights, courts and the Justice Department point to less restrictive options first when they will meet the person's needs.
- A power of attorney for finances
- A health care proxy or other advance directive
- A representative payee for Social Security benefits
- Supported decision-making with trusted people
How the court process works
Someone files a petition with the court, the court reviews the person's abilities and needs, and a judge decides whether a guardian is needed and what powers they get. The person usually has the right to notice and to be heard.
A guardian's duties
A guardian must act in the person's interest and follow the court's rules. The Consumer Financial Protection Bureau publishes plain-language guides for court-appointed guardians of property and conservators.
- Make decisions with the person's wishes and values in mind
- Keep the person's money separate and keep records
- File reports the court requires
Frequently asked questions
No. Guardianship is a court process that can remove some of a person's rights. Powers of attorney and other planning documents, made while the person can still decide, are less restrictive options.
Yes. The Justice Department notes that a person, or anyone concerned about their rights, can ask the court to end or change a guardianship, for example if their condition improves.
Guardianship is governed by state law, and each state's rules and terms differ. An elder-law attorney or legal aid program can explain the process where the person lives.
Sources
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