Adult guardianship and conservatorship are court-supervised legal arrangements that grant one person (the guardian or conservator) the authority to make decisions for another adult (the ward or protected person) who has been determined by a court to lack the capacity to manage their own affairs. Guardianship typically covers personal and healthcare decisions, while conservatorship covers financial and property management.
22 steps across 5 sections
1. File the Petition
- Identification of the proposed guardian/conservator and the alleged incapacitated person.
- A description of the person's condition and why they need a guardian/conservator.
- The specific powers being requested.
- A statement of what less restrictive alternatives have been tried and why they were insufficient.
- Information about the person's assets (for conservatorship).
- Names and addresses of the person's closest relatives (who must be notified).
2. Provide Notice
- The alleged incapacitated person (who has the right to attend and object).
- Spouse, adult children, parents, and siblings.
- Any existing agent under a power of attorney.
- The facility where the person resides (if applicable).
- State or local adult protective services (in some jurisdictions).
3. Court-Appointed Professionals
- Attorney for the respondent Many states require the court to appoint an independent attorney to represent the alleged incapacitated person's wishes (not just their "best interest").
- Court visitor/investigator An impartial person (often a social worker or attorney) who visits the alleged incapacitated person, interviews relevant parties, and files a report with recommendations.
- Guardian ad litem (GAL) In some states, appointed to represent the person's best interests (which may differ from their expressed wishes).
4. Medical Evidence
- A physician's report or affidavit documenting the person's diagnosis, cognitive and functional limitations, and prognosis.
- Some states require evaluation by two physicians or a physician and a psychologist.
- The evaluation should address the person's specific functional deficits — not just a diagnosis, but what decisions the person cannot make.
- Some states require the evaluation to have been completed within a specific timeframe (e.g., within 90 days of the hearing).
5. Hearing
- The alleged incapacitated person has the right to be present at the hearing, to testify, and to present evidence.
- The petitioner must prove incapacity by clear and convincing evidence (a higher standard than "preponderance of the evidence").
- The court considers the medical evidence, the court visitor's report, testimony from the person and witnesses, and the person's own expressed preferences.
- The court may grant full guardianship/conservatorship or limited guardianship/conservatorship (removing only specific rights).
Common Mistakes
- Not exploring less restrictive alternatives first
- Seeking more authority than necessary
- Inadequate medical evidence
- Failing to properly serve notice
- Ignoring the protected person's wishes
Pro Tips
- Plan ahead with powers of attorney
- Consider supported decision-making first
- Get the right medical evaluation
- Request limited guardianship when possible
- Keep meticulous records as guardian/conservator
Sources
- Adult Guardianship, Conservatorship, and Other Protective Arrangements - Washington Law Help
- Conservatorship: A Guide to Understanding and Avoiding Court-Ordered Guardianship in 2026 - Ironclad Family
- Guardianship: Key Concepts and Resources - DOJ Elder Justice Initiative
- Adult Guardianship Process: Alternatives to Guardianship - Maryland People's Law Library
- Guardianship/Conservatorship Overview and Process - Informing Families
- Adult Guardianship & Conservatorship in Washington State - Navigate Law Group
- Big Changes for Kansas Guardianship and Conservatorship Laws - Shepherd Elder Law
- Guardianship - Texas Health and Human Services