Estate Planning

Guardians and Conservators for Adults

In the event someone lacks the capacity to care for him or herself, it may be necessary for the court to appoint a guardian and/or a conservator for that person.

A guardian takes care of the person's support, care, education, health and welfare. The court will consider persons to be guardian in the following order:

• A guardian acting for the same person in another state
• A person nominated as guardian in a power of attorney or elsewhere
• An agent appointed under a medical durable power of attorney
• An agent appointed under a general durable power of attorney
• Spouse or a person nominated by a deceased spouse
• An adult child
• A parent or an individual nominated by a deceased parent
• An adult with whom the respondent has resided for more than six months immediately before the petition is filed

A conservator manages a person's finances. The court will consider persons to be conservator in the following order:

• A conservator or guardian appointed by a court in the jurisdiction where the respondent lives
• A person nominated as conservator
• An agent appointed under a general durable power of attorney
• Spouse
• Adult child
• Parent
• An adult with whom the respondent has resided for more than six months immediately before the petition is filed

A person cannot act as a guardian or conservator unless a court has made the appointment, even if the person has been nominated in writing. To be appointed, a person must file a petition with the court stating why the appointment is necessary.

It is the court's duty to give a guardian the most limited powers possible in order to afford the ward as much autonomy as possible.  If the ward later regains the capacity to care for him or herself, the guardianship will be terminated by the court.

Download a brochure about being a guardian
Download a brochure about being a conservator