What Is Guardianship?

Guardianship is a relationship created by state law in which a court gives one person or agency (the guardian) the duty and power to make personal and/or property decisions for another (the incapacitated person).  The appointment of a guardian occurs when a judge decides an individual lacks capacity to make decisions on his or her own behalf.

What Is the Process?

After a hearing, the judge makes findings on the capacity of the individual and may appoint a plenary (full) or limited guardian.  The appointment may be for guardianship of the person only, for guardianship of the property only, or both.  The appointment may be an emergency appointment if the person is at risk of immediate harm.  Once the guardian is appointed, the court is responsible for oversight, and the guardian must report to court periodically. Guardianships are established through a legal process outlined in state law.  The process begins with a petition alleging incapacity and includes procedural protections such as notice, appointment of counsel, and a required medical or mental health examination.  In addition, the judge may appoint a guardian ad litem or court visitor.

Are There Alternatives to Guardianship?

There are ways to make health care and financial decisions that do not involve a guardianship. Some are legal tools while others involve government programs, social services, and community supports. There are decisions adults can make for  while understandings situation and in case you become unable to make decisions for yourself. Those decisions can take effect now or in the future. There are also decisions other people can make for you if you have not made any plans.

For more information, see our resource page on decision-making without guardianship.