Legal Issues
Guardianship
Guardianship (or conservatorship) is a legal process used when a person can no longer make sound decisions to protect his or her person or property, or when the court establishes that an elder has become susceptible to fraud or undue influence. Because establishing a guardianship removes considerable rights from the individual, it should only be used after other alternatives have been ineffective or are unavailable. The court decides who the guardian (sometimes called a conservator) will be: a family member, a friend, a professional certified guardian, a public guardian (such as a state agency), a bank, a volunteer, or a nonprofit agency.
The court also decides how much authority to give to the guardian. A guardian might be appointed only to make decisions about living arrangements, personal needs, and medical care or a guardian might be appointed only to make decisions about finances and property.
Setting up a guardianship can be expensive and emotionally difficult. If you think your elder needs a guardian, first talk with a lawyer about the requirements in your state.
- AARP offers useful information on guardianships.
- The National Guardianship Association, Inc. (NGA) provides standards for guardians. Each standard is explained in detail and provides guidance to guardians in the private and public sectors.
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