What these arrangements are
Depending on the state, a court may appoint a guardian (often for personal and health decisions) and/or a conservator (often for financial matters) when it finds a person legally unable to manage those areas. This is a significant step: it can take away a person's right to make many of their own choices, so courts increasingly favor limited arrangements that remove only the specific rights necessary.
Less-restrictive alternatives
Because guardianship is restrictive, it's worth exploring other options first, especially before a crisis:
- Powers of attorney and advance directives let a person choose their own decision-makers ahead of time.
- Supported decision-making lets a person keep their legal rights while trusted supporters help them understand choices and communicate decisions. This is an approach the American Bar Association urges courts to consider first.
- Representative payee or VA fiduciary arrangements can manage government benefits without full guardianship.
Planning ahead is the most reliable way to avoid guardianship.
Finding legal help
An elder-law attorney can advise on guardianship, alternatives, and the documents that fit your state. You can search the National Academy of Elder Law Attorneys directory, and free or low-cost help is often available through legal aid and your Area Agency on Aging — many services are available to people 60 and older. If you suspect abuse or exploitation by a guardian or agent, contact Adult Protective Services, or 911 in an emergency.
Trusted resources
Next step
Prepare elder-law questions.