Author: Leigh Morgan
Reviewed By: Carina Jenkins

Guardianship for adults is a legal arrangement in which a judge appoints someone to oversee another person’s affairs. In some states, legal professionals use the word conservatorship instead of guardianship. Sometimes the terms mean the same thing, but this can vary by jurisdiction. Conservatorship may refer to cases involving the management of another person’s financial affairs, while guardianship includes medical decisions or choices about where the person lives.

Why would a senior need a legal guardian?

Adults who cannot make their own decisions may require guardianship. Some people need help making financial decisions, while others are too incapacitated to make decisions related to their health or personal well-being. Incapacitation often occurs due to dementia, severe mental illness, intellectual disabilities, substance use disorders or head injuries. The subject of a guardianship is a protected person or ward.

What is the difference between a guardian and a caregiver?

Although caregivers provide valuable support to older adults, they don’t have the authority to make legal, financial and/or medical decisions on someone else’s behalf. Caregivers prepare meals, assist with activities of daily living, schedule appointments and perform other tasks. The purpose of caregiving is to make sure your loved one has the physical and emotional support they need to thrive.

In contrast, guardians have the authority to pay bills, buy and sell assets, make medical decisions and perform other duties as outlined in the judge’s order. Each state has different guardianship laws, so the extent of your duties depends on where you live and what type of help your loved one needs. If a judge appoints you as a guardian, every decision you make must be in your loved one’s best interests.

What do I have to do to become a guardian for an older adult?

If you believe your loved one is incapable of making their own decisions, you must file a guardianship petition. The judge assigned to your case will review medical reports and other types of evidence to determine if the guardianship is warranted. If the judge agrees with your position, they’ll issue an order outlining the decisions you’re allowed to make on your loved one’s behalf.

A guardian of the person has the authority to make decisions about the older adult’s personal and medical care. For example, this type of guardianship allows you to move your loved one to an assisted living facility or a nursing home. A guardian of the property has the right to give gifts, write checks, pay bills and make other financial decisions on behalf of the protected person.