{"id":355753,"date":"2016-04-04T10:45:23","date_gmt":"2016-04-04T15:45:23","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/elder\/elder-care-law\/elderly-guardianship-basics.html"},"modified":"2026-08-06T14:16:00","modified_gmt":"2026-08-06T19:16:00","slug":"elderly-guardianship-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/elder-care-law\/elderly-guardianship-basics.html","title":{"rendered":"Guardianship of an Older Adult: Legal Basics"},"content":{"rendered":"\n
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Guardianship of an Older Adult: Legal Basics<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n
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Older adult guardianship is a court\u2011created legal relationship that allows a trusted person to make personal or financial decisions for an adult who can no longer safely manage their own affairs. States differ in how they define guardianship and conservatorship, but both involve significant responsibilities and a loss of independence for the older adult.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Elderly\u00a0guardianship is a legal relationship created when a court appoints a person to care for an older adult. It happens when the adult can no longer care for themselves. Some people call it “elderly conservatorship,” “guardian of the person,” or “older adult conservatorship.”<\/p>\n

The appointed guardian has certain duties and responsibilities to the older adult. These duties usually involve making health care or financial decisions for the incapacitated adult. Keep reading to learn more about this process.<\/p>\n

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The guardianship process is complex, and alternatives like powers of attorney or trusts may be available. Some families benefit from consulting an elder law attorney<\/a> for legal guidance before pursuing guardianship.<\/p>\n

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Why Does an Older Adult Need a Legal Guardian?<\/h2>\n

Unfortunately, there may come a time when an elderly parent or loved one can no longer take care of themselves<\/a> or make important decisions. Illness, injury, or aging can all change a person’s decision-making abilities.<\/p>\n

This could include the inability to remember to take medications, maintain regular hygiene, properly manage finances, or make necessary medical decisions. In these cases, it’s in the older adult’s best interests for a court to appoint a guardian or conservator.<\/p>\n

Guardian vs. Conservator<\/h2>\n

Some states may use the terms guardian or conservator interchangeably, while others define the duties of each term.\u00a0In some states<\/a>, a guardian takes care of personal affairs and day-to-day care, whereas a conservator manages the incapacitated person’s financial affairs. In some states, an older adult can have both a conservator and a guardian.<\/p>\n

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Understanding the difference between guardianship and conservatorship<\/a> in your state is important. Find local legal help<\/a>.<\/p>\n

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What Is the Process of Guardianship of an Older Adult?<\/h2>\n

States have their own guardianship processes and requirements<\/a>. Generally speaking, the following people or entities can petition a court to name a guardian:<\/p>\n